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ACTION CONST. & REST., INC. v. WEST BEND MUT. INS. CO.

No. 2-00-0383.

748 N.E.2d 824 (2001)

322 Ill. App.3d 181

255 Ill.Dec. 120

ACTION CONSTRUCTION AND RESTORATION, INC., and James Pickens, Plaintiffs-Appellees and Cross-Appellants, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied June 14, 2001.

Attorney(s) appearing for the Case

John W. France, Ronald A. Barch, Cicero & France, P.C., Rockford, for West Bend Mutual Insurance Company.

David L. Martenson, Martenson & Blair, Rockford, for Action Construction & Restoration, Inc., James Pickens.

Justice CALLUM delivered the opinion of the court:

Plaintiffs, Action Construction & Restoration, Inc., and James Pickens, sued defendant, West Bend Mutual Insurance Company, for breach of oral contract, common-law fraud, equitable estoppel, and promissory estoppel. The breach of oral contract and common-law fraud counts were tried before a jury, and the jury found in Action's favor on both counts. On appeal, West Bend argues that (1) the jury's verdict on the...

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