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CAIN v. CROSS

No. 5-97-0184.

687 N.E.2d 1141 (1997)

293 Ill. App.3d 255

227 Ill.Dec. 659

Gerald CAIN, Plaintiff-Appellant, v. Ronald E. CROSS and Robert L. Cross, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied December 22, 1997.

Attorney(s) appearing for the Case

Philip A. Summers, Champaign, for Plaintiff-Appellant.

Mark S. Johnson, Cairo, for Defendants-Appellees.

Justice MAAG delivered the opinion of the court:

Plaintiff, Gerald Cain, filed an action seeking money damages for breach of contract. The defendants, Ronald and Robert Cross (collectively Cross), filed a motion to dismiss based upon the provisions of the statute of frauds. From an order of the circuit court granting the motion, Cain appeals.

The facts are as follows. Cain filed a complaint alleging that Cross agreed to sell to Cain, and Cain agreed to purchase...

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