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VAN GESSEL v. FOLDS

No. 1-89-0468.

569 N.E.2d 141 (1991)

210 Ill. App.3d 403

155 Ill.Dec. 141

John VAN GESSEL, Plaintiff-Appellant, v. Susan FOLDS, Glenn Portugal, and Portiland Realty Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

March 1, 1991.

Attorney(s) appearing for the Case

Mark S. Dym, Gessler, Flynn, Fleischmann, Hughes & Socol, Ltd., Chicago, for plaintiff-appellant.

Lord, Bissell & Brook, Chicago (Daniel J. Zollner, Hugh C. Griffin, of counsel), for defendants-appellees.

Presiding Justice LORENZ delivered the opinion of the court:

Plaintiff appeals from an order granting summary judgment in favor of defendants raising issues resulting from trial court error. The facts are discussed only as they relate to the disposition of this appeal.

In his four count second-amended complaint, plaintiff sought damages against the defendants for their breach of contract, fraudulent and negligent misrepresentation,

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