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eBook details

• Title: Schmidt v. Landfield
• Author : Supreme Court of Illinois
• Release Date : January 29, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Jay H. Schmidt and Sidney Schmidt, father and son, filed a complaint in the circuit court of Cook County against Herman Landfield, seeking damages for fraud allegedly perpetrated by defendant in certain real-estate dealings between the parties. After answer and reply were filed, the court granted a motion by defendant for judgment on the pleadings. Plaintiffs appealed to the Appellate Court, where the judgment was affirmed. (Schmidt v. Landfield, 23 Ill. App.2d 55.) We have granted plaintiffs' petition for leave to appeal to this court. Defendant's motion in the circuit court was made pursuant to section 45(5) of the Civil Practice Act (Ill. Rev. Stat. 1957, chap. 110, par. 45,) which provides that any party may seasonably move for judgment on the pleadings. Such a motion admits all well pleaded facts in the pleadings of the opposing party, and all fair inferences to be drawn therefrom. (Dryz v. Bol, 19 Ill. App.2d 406.) The pleadings when so considered disclose that the defendant, a licensed attorney, had formerly represented the plaintiffs in real-estate and business transactions. He was first entrusted with legal matters by plaintiff Sidney Schmidt in 1945, and by plaintiff Jay Schmidt in 1946. The relationships of attorney and client existed until some time in April, 1954.

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