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AM. GARDEN HOMES, INC. v. GELBART FUR DRESSING

Nos. 1-91-0684, 1-91-0925.

606 N.E.2d 106 (1992)

238 Ill. App.3d 64

179 Ill.Dec. 274

AMERICAN GARDEN HOMES, INC., Plaintiff-Appellee and Cross-Appellant, v. GELBART FUR DRESSING, Ronald S. Fishman, Barry S. Fishman, Jerrold Sager, Donald E. Vacin, Theodore Gertz, as Trustee for the Arnold Mass Children's Trust, and Arnold M. Mass, James Mills, John Mills, and John Pigott, Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied December 18, 1992.

Attorney(s) appearing for the Case

James S. Gordon and Edward Slovick, Chicago, for defendants-appellants Gelbart Fur Dressing, James Mills, John Mills, and John Pigott.

David J. Lloyd; Berger, Newmark & Fenchel, Chicago, for plaintiff-appellee American Garden Homes, Inc.

Justice JOHNSON delivered the opinion of the court:

Plaintiff, American Garden Homes, Inc., brought an action in the circuit court of Cook County against defendants, Gelbart Fur Dressing (hereinafter Gelbart), Ronald S. Fishman, Barry S. Fishman, Jerrold Sager, Donald E. Vacin, Theodore Gertz, as Trustee for the Arnold Mass Children's Trust, and Arnold M. Mass, James Mills, John Mills, and John Pigott pursuant to the Mortgages on Realty and Personalty Act (hereinafter...

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