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ROTI v. ROTI

No. 1-05-0496.

845 N.E.2d 892 (2006)

364 Ill. App.3d 191

301 Ill.Dec. 27

Michael F. ROTI, Plaintiff-Appellant, v. Samuel J. ROTI, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

March 10, 2006.

Attorney(s) appearing for the Case

Stephen D. Davis, William H. Jones, Canel, Davis & King; William J. Cook, William J. Cook & Associates, Chicago, for Appellant.

Theodore E. Harman, Anna L. Benjamin, Ungaretti & Harris, Chicago, for Appellee.

Presiding Justice McNULTY delivered the opinion of the court:

Michael Roti sued his cousin Samuel Roti for breach of contract and on a theory of promissory estoppel. The trial court dismissed the complaint, holding that the Frauds Act (740 ILCS 80/2 (West 1996)) barred the claim because Michael sought an interest in lands without a signed contract to support the claim. In a proposed amended complaint Michael pled that he sought only a percentage of the profit Samuel...

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