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JONES v. HRYN DEVELOPMENT, INC.

No. 1-01-2856.

778 N.E.2d 245 (2002)

334 Ill. App.3d 413

268 Ill.Dec. 259

Anthony JONES and Marcella Jones, Plaintiffs-Appellants, v. HRYN DEVELOPMENT, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied November 1, 2002.

Attorney(s) appearing for the Case

Jeffrey Cummings, Marni Willenson, Miner, Barnhill & Galland, Chicago, for Plaintiffs-Appellants.

Joseph P. Berglund, Berglund & Niew, P.C., Oak Brook, for Defendant-Appellee.

Justice COUSINS delivered the opinion of the court:

Plaintiffs, Anthony and Marcella Jones, filed suit in the circuit court of Cook County seeking recovery of purchase monies paid to Hryn Development (defendant) for a newly constructed house. Defendant sold the house to a third party when plaintiffs failed to close on two occasions. Defendant refused to return plaintiffs' purchase monies. The three-count complaint sought: (1) declaratory judgment that a liquidated...

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