GIRONDA v. PAULSEN

No. 2-92-0263.

605 N.E.2d 1089 (1992)

238 Ill. App.3d 1081

179 Ill.Dec. 75

Frank GIRONDA et al., Plaintiffs-Appellants, v. Ralph W. PAULSEN, Defendant-Appellee, (Bayport Operating, Inc., Defendant).

Appellate Court of Illinois, Second District.

December 21, 1992.


Attorney(s) appearing for the Case

Huck, Bouma, Martin & Charlton, P.C., Eric J. Lieberman, James P. Palermini, James M. Charlton, Glen Ellyn, Roscich & Roscich, John V. Roscich, Naperville, for Frank and Barbara Gironda.

Peter B. Shaeffer, Chicago, for Ralph W. Paulsen, and Bayport Operating Inc.


Justice McLAREN delivered the opinion of the court:

Plaintiffs, Frank and Barbara Gironda, appeal the order of the circuit court dismissing count I of their amended complaint against defendant Ralph Paulsen. On appeal, plaintiffs contend that the trial court improperly applied the doctrine of election of remedies in dismissing count I.

According to plaintiffs' complaint, they agreed to purchase from Paulsen and codefendant Bayport Operating Company (Bayport...

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