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O'BRIEN v. CACCIATORE

No. 1-90-0605.

591 N.E.2d 1384 (1992)

227 Ill. App.3d 836

169 Ill.Dec. 506

Daniel P. O'BRIEN, Plaintiff-Appellee, v. Victor CACCIATORE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

March 27, 1992.

Attorney(s) appearing for the Case

James P. Chapman & Assoc. Ltd., Chicago (James P. Chapman and Alan Mills, of counsel), for defendant-appellant.

Martin J. Healy, Jr. (Martin J. Healy, Jr., of counsel) and Pope & John, Ltd., Chicago (William R. Quinlan, of counsel) for plaintiff-appellee.

Presiding Justice MCNULTY delivered the opinion of the court.

This is an appeal from a judgment granting specific performance of a real estate contract. Defendant asserts on appeal that: (1) the parties were engaged in a joint venture and thus owed one another a fiduciary duty; (2) the trial court improperly excluded evidence relating to plaintiff's misrepresentations; (3) plaintiff is barred from obtaining specific performance...

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