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HEITZ v. CIRCLE FOUR REALTY CO.

No. 3-89-0018.

191 Ill. App.3d 727 (1989)

548 N.E.2d 11

JOHN T. HEITZ et al., Plaintiffs-Appellants, v. CIRCLE FOUR REALTY CO., INC., f/k/a Countryside Development Company, Inc., Defendant-Appellee.

Appellate Court of Illinois — Third District.

Rehearing denied January 16, 1990.

Attorney(s) appearing for the Case

Kavanagh, Scully, Sudow, White & Frederick, P.C., of Peoria (Phillip B. Lenzini and James W. Springer, of counsel), for appellants.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, and Frederick G. Hoffman and Frank M. Calvert, both of Thomas & Hinshaw, Culbertson, of Peoria (Kathryn A. Spalding, of counsel), for appellee.

Judgment affirmed.

JUSTICE STOUDER delivered the opinion of the court:

William and Helen Moynan, executors for the estate of John W. Willhardt, filed this action in the circuit court of Tazewell County, seeking inter alia a declaratory judgment that a land contract between Willhardt and Circle Four Realty Co., Inc., had terminated. Willhardt's grandchildren, John T. Heitz and Cathy Heitz Schanes, subsequently replaced the Moynans as parties in interest...

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