ROTH v. DILLAVOU

No. 2-04-0840.

835 N.E.2d 425 (2005)

359 Ill. App.3d 1023

296 Ill.Dec. 391

David E. ROTH, Plaintiff-Appellant, v. Mary Jayne DILLAVOU and Diane L. Teal, Defendants-Appellees.

Appellate Court of Illinois, Second District.

September 8, 2005.


Attorney(s) appearing for the Case

William F. White, White & White, Downers Grove, IL, for David E. Roth.

Matthew T. Caruso, Roberts & Caruso, Wheaton, IL, for Mary Jayne Dillavou and Diane L. Teal.


Justice CALLUM delivered the opinion of the court:

Plaintiff, David E. Roth, sued defendants, Mary Jayne Dillavou and Diane L. Teal, for possession of a residence and past-due rent arising from a lease agreement entered into by the parties. Teal, who executed the agreement as co-signer, moved to dismiss (735 ILCS 5/2-619(a)(7), (a)(9) (West 2002)). The trial court granted Teal's motion. Roth moved to reconsider, and the court denied his motion. Roth appeals. We reverse...

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