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CARRERA v. SMITH

No. 2-98-1357.

713 N.E.2d 1282 (1999)

305 Ill. App.3d 1079

239 Ill.Dec. 432

Melesio CARRERA et al., Plaintiffs-Appellants, v. Richard G. SMITH et al., Defendants-Appellees (Nancy Cramblit et al., Defendants).

Appellate Court of Illinois, Second District.

July 16, 1999.

Attorney(s) appearing for the Case

Patrick M. Loftus, Mark E. Vietzen, Law Office of Patrick M. Loftus, Addison, for Maryellen Carrera, Melesio Carrera.

Catherine M. Massarelli, Law Offices of Grant Eckhoff, P.C., Wheaton, for Adelaide E. Smith, Richard G. Smith.

Justice RAPP delivered the opinion of the court:

Plaintiffs, Melesio Carrera and Maryellen Carrera, appeal the trial court's dismissal of count III of their amended complaint. Count III set out a claim against defendants Richard G. Smith and Adelaide E. Smith (the Smiths); none of the other defendants is a party to this appeal. Plaintiffs argue that the Smiths, who allegedly committed fraud during the sale of their home to plaintiffs, are subject to liability under...

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