Menconi v. Davison

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Defendants appeal from a $28,376 summary judgment entered against them in favor of plaintiff in a “creditor’s bill” proceeding under the Chancery Act (Ill Rev Stats 1963, c 22, § 49).

The record consists of the complaint, defendants’ answer, affidavits, counteraffidavits, and exhibits. Defendants’ theory is that the judgment was entered on a “constructive fraud basis,” and that the summary judgment ought to be reversed and the case remanded for a trial on the issue of “actual fraud.”

In sum, plaintiff, a licensed real estate broker,…