James A. Talbert and Nancy L. Talbert v‪.‬

JUSTICE HARTMAN delivered the opinion of the court: Plaintiffs, James and Nancy Talbert (the Talberts), appeal from an order dismissing their amended complaint (complaint).
The complaint charged defendant, Home Savings of America (Home Savings), with breach of contract and two counts of fraud,
claiming that Home Savings wrongly assessed the Talberts $250 in "points" on their home mortgage loan. Presented as issues
for review are whether the complaint sufficiently states a cause of action for breach of contract, common law fraud, and statutory
fraud; and the breach of contract count is barred by affirmative matter.