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OVERTON v. KINGSBROOKE DEVELOPMENT, INC.

No. 5-01-0759.

788 N.E.2d 1212 (2003)

338 Ill. App.3d 321

273 Ill.Dec. 336

Ronald OVERTON and Donna Overton, Plaintiffs-Appellees and Cross-Appellants, v. KINGSBROOKE DEVELOPMENT, INC., Defendant-Appellant and Cross-Appellee (Landmark Realty, Inc., and Donald W. Whitehead, Defendants).

Appellate Court of Illinois, Fifth District.

April 18, 2003.

Attorney(s) appearing for the Case

Mark C. Goldenberg, Debra J. Meadows, Hopkins Goldenberg, P.C., Edwardsville, for Appellant.

Lawrence O. Taliana, Taliana, Rubin & Buckley, Edwardsville, for Appellees.

Justice CHAPMAN delivered the opinion of the court:

In March of 1996, Ronald and Donna Overton entered into a contract to purchase a lot from Kingsbrooke Development, Inc. (Kingsbrooke). Unbeknownst to the Overtons, Kingsbrooke had placed a large quantity of fill dirt on the lot prior to the sale. After the sale, the Overtons disputed the suitability of the lot and requested their money back. Kingsbrooke denied the request...

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