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POWER v. SMITH

No. 4-01-0144.

786 N.E.2d 1113 (2003)

337 Ill. App.3d 827

272 Ill.Dec. 279

Thomas J. POWER, Individually and on Behalf of T.R. Equipment, Inc., and R.J. Power Plumbing And Heating, Plaintiffs-Appellees, v. Robert L. SMITH, Defendant-Appellant (Cloyce "Turk" Smith, Defendant).

Appellate Court of Illinois, Fourth District.

March 28, 2003.

Attorney(s) appearing for the Case

Gregory B. Grigsby, Grigsby, Swiney, Wilson & Grigsby, P.C., Taylorville, for Robert L. Smith.

Samuel J. Witsman, Hart, Southworth & Witsman, Springfield, for Thomas J. Power.

Justice COOK delivered the opinion of the court:

The trial court entered judgment in favor of plaintiffs, Thomas J. Power and R.J. Power Plumbing & Heating (Power Plumbing), and against defendant Robert L. Smith, on the basis that Smith was guilty of fraudulent misrepresentation. Smith appeals. Because we conclude that any misrepresentation was not a misrepresentation of fact, but a mere statement of opinion, we reverse.

I. BACKGROUND

Power is...

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