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TALBERT v. HOME SAV. OF AMERICA, F.A.

No. 1-93-2587.

638 N.E.2d 354 (1994)

265 Ill. App.3d 376

202 Ill.Dec. 708

James A. TALBERT and Nancy L. Talbert, his wife, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. HOME SAVINGS OF AMERICA, F.A., a California corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied October 5, 1994.

Attorney(s) appearing for the Case

Larry D. Drury, Ltd., Chicago, for appellants.

Jenner & Block, Chicago (John H. Mathias, Jr., Patricia Lee Refo and Michael S. Elvin, of counsel), for appellee.

Justice HARTMAN delivered the opinion of the court:

Plaintiffs, James and Nancy Talbert (the Talberts), appeal from an order dismissing their amended complaint (complaint). The complaint charged defendant, Home Savings of America (Home Savings), with breach of contract and two counts of fraud, claiming that Home Savings wrongly assessed the Talberts $250 in "points" on their home mortgage loan. Presented as issues for review are whether the complaint sufficiently...

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