Fitzgerald v. Chicago Title & Trust Co.

Plaintiffs, Roger J. Fitzgerald, Joanne Fitzgerald, Charles Searcy and Deama Searcy, appealed from the judgment of the circuit court of Cook County entered in favor of defendant, Chicago Title and Trust Company, upon allowance of its motion to dismiss plaintiffs’ complaint. The appellate court reversed (46 Ill. App. 3d 526), and we allowed defendant’s petition for leave to appeal. Plaintiffs, suing “individually and on behalf of a class of persons similarly situated,” alleged in their complaint that plaintiffs Fitzgerald, as the sellers of real estate, and plaintiffs Searcy, as purchasers of…