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PEARL v. WAIBEL

No. 4-97-0348.

688 N.E.2d 336 (1997)

293 Ill. App.3d 349

227 Ill.Dec. 855

John P. PEARL, Plaintiff-Appellant (John P. Pearl & Associates, Ltd., and John P. Pearl, as Trustee under Trust Agreement dated May 24, 1976, and known as The Pearl Enterprises Land Trust/Partnership Agreement, Plaintiffs), v. William WAIBEL, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided December 8, 1997.

Rehearing Denied January 15, 1998.

Attorney(s) appearing for the Case

David B. Mueller (argued), Christopher F. Cassidy, Cassidy & Mueller, Peoria, for John P. Pearl.

James L. Hafele (argued), Scott E. Umland, James L. Hafele & Associates, P.C., Peoria, for William Waibel.

Justice KNECHT delivered the opinion of the court:

On July 9, 1996, plaintiffs John P. Pearl, individually and as a trustee, and John P. Pearl & Associates filed a fourth-amended complaint in the circuit court of Peoria County against William Waibel, alleging fraud in the sale of land. The trial court dismissed the complaint with prejudice, ruling the fourth-amended complaint failed to relate back to the original complaint...

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