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KAISER v. FLEMING

No. 2-99-1185.

735 N.E.2d 144 (2000)

315 Ill. App.3d 921

248 Ill.Dec. 824

Barbara KAISER, Plaintiff-Appellant, v. Paul B. FLEMING, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 23, 2000.

Attorney(s) appearing for the Case

Janice Metros Johnston, McHenry, for Barbara Kaiser.

Michael E. Kalland, Law Offices of Josette Skelnik, Elgin, for Paul B. Fleming.

Justice McLAREN delivered the opinion of the court:

The plaintiff, Barbara Kaiser, appeals the dismissal of her complaint seeking judgment for money she gave the defendant, Paul B. Fleming, to pay off the mortgage on his home. We affirm in part, reverse in part, and remand the cause for further proceedings.

On December 1, 1998, the plaintiff filed a two-count complaint. Count I was titled "Petition for Constructive Trust," and count II was titled "Money Had...

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