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Date: 06-26-1998

Case Style: Jo Ann Kirkruff and James L. Armstrong, as Trustees of the Helen B. Armstrong Family Trust v. Tad Wisegarver, d/b/a/ Tad Wisegarver Real Estate

Case Number: 4-97-0667

Judge: Arnold F. Blockman

Court: Circuit Court, County of Champaign, Illinois

Plaintiff's Attorney: James A. Martinkus of Erwin, Martindus & Cole, Ltd., Champaign, Illinois

Defendant's Attorney: Michael J. Tague of Flynn, Palmer & Tague, Champaign, Illinois

Description: Breach of Fiduciary Duty - Plaintiffs engaged Tad Wisegarver Real Estate to sell property held in their trust. The defendant gave the plaintiff's misleading information in order to discourge them from developing the land, such as, that there were problems with property, development would be too costly and time-consuming, that it would be very risky development and property was not worth more than $2,300.00 per acre. Defendant failed to inform Plaintiff that he was acting on his own behalf to develope the property as a subdivision named "Wisegraver Section 32 Subdivision", and purchased the property from the plaintiff's for $46,000.00. Plaintiff filed a claim for breach of fiduciary duty and a claim under the Consumer Fraud and Deceptive Business Practices Act.

Outcome: Verdict for plaintiff on claim of fiduciary duty and verdict for defendant on claim under Act.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed in part, reversed in part, and remanded by the Illinois Appellate Court. See: 697 N.E.2d 406 (Ill.App. 4 Dist. 1998). The date shown above is the date of the appellate court decision and not the trial date.

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