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THOMAS v. FREDERICK J. BORGSMILLER, INC.

No. 5-85-0640.

155 Ill. App.3d 1057 (1987)

508 N.E.2d 1235

JOHN ED THOMAS, Plaintiff-Appellee, v. FREDERICK J. BORGSMILLER, INC., et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed June 1, 1987.

Attorney(s) appearing for the Case

Wolff & Jones, of Murphysboro, for appellants.

Mark S. Johnson, of Cairo, for appellee.

Reversed and remanded.

JUSTICE KASSERMAN delivered the opinion of the court:

Plaintiff, John Ed Thomas, instituted this action against the defendants, Frederick J. Borgsmiller, Inc., and Frederick J. Borgsmiller, for breach of a lease agreement. In defense, the defendants contend that a novation had occurred. The trial court, sitting without a jury, found that no novation had occurred and that defendant Frederick J. Borgsmiller, Inc., was liable to the plaintiff...

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