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ERLENBUSH v. LARGENT

No. 4-04-0053.

819 N.E.2d 1186 (2004)

353 Ill. App.3d 949

289 Ill.Dec. 386

Karen ERLENBUSH, Plaintiff-Appellant, v. Gregory W. LARGENT, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

November 30, 2004.

Attorney(s) appearing for the Case

William F. Moran III, Stratton, Giganti, Stone & Kopec, Springfield, for Karen Erlenbush.

Gerry A. Ess, The Law Office of Gerry A. Ess, Taylorville, for Gregory W. Largent.

Justice APPLETON delivered the opinion of the court:

Plaintiff, Karen Erlenbush, bought a house from defendant, Gregory W. Largent, and discovered it was infested with termites. She sued him for fraud, prevailed, and was awarded damages. The real-estate purchase contract provided that if one party brought "an action against the other with respect to this contract," the prevailing party was entitled to attorney fees. Interpreting that provision as encompassing only...

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