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CURTIS CASKET CO. v. D.A. BROWN & CO.

No. 1-91-3531.

632 N.E.2d 204 (1994)

259 Ill. App.3d 800

198 Ill.Dec. 145

CURTIS CASKET COMPANY, an Illinois corporation, Plaintiff-Appellant, v. D.A. BROWN & COMPANY, an Illinois corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

March 29, 1994.

Attorney(s) appearing for the Case

McCracken & Walsh, Chicago (Thomas G. Moffitt and Andrew J. Anderson, of counsel), for plaintiff-appellant.

Burfeind & Schlickman, Ltd., Arlington Heights (Eugene F. Schlickman, of counsel), for defendant-appellee.

Justice HARTMAN delivered the opinion of the court on rehearing:

Plaintiff, Curtis Casket Company (Curtis), owner and proposed seller of certain real estate, filed a complaint against defendant, D.A. Brown & Company (Brown), putative buyer, for specific performance of their real estate contract. Brown moved to dismiss the complaint, purportedly pursuant to section 2-615 of the Code of Civil Procedure (Ill.Rev. Stat.1991, ch. 110, par. 2-615 (now 735 ILCS 5/2-615...

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