BAUER v. GIANNIS

No. 2-04-1155.

834 N.E.2d 952 (2005)

359 Ill. App.3d 897

296 Ill.Dec. 147

Marshall BAUER, Plaintiff-Appellee, v. Nick GIANNIS and Donna Giannis, Defendants-Appellants.

Appellate Court of Illinois, Second District.

August 16, 2005.


Attorney(s) appearing for the Case

Alyssa M. Campbell, C. Barry Montgomery, Williams, Montgomery & John, Ltd., Chicago, for Donna Giannis, Nick Giannis.

Richard A. Del Giudice, Earl E. Farkas, Gozdecki & Del Giudice, Chicago, for Marshall Bauer.

John G. O'Brien, Law Offices of John G. O'Brien, Ltd., Arlington Heights, for Amicus Curiae Illinois Real Estate Lawyers Assn.


Justice CALLUM delivered the opinion of the court:

I. INTRODUCTION

Plaintiff, Marshall Bauer, purchased a home from defendants, Nick Giannis and Donna Giannis. Four years later, the basement flooded after a heavy rain. Alleging that defendants concealed that the basement had flooded once before the sale, plaintiff sued defendants for fraud. The trial court denied defendants' motion for summary judgment and, finding...

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