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WITTY v. C. CASEY HOMES, INC.

No. 80-2012.

102 Ill. App.3d 619 (1981)

430 N.E.2d 191

ROY A. WITTY et al., Plaintiffs-Appellants, v. C. CASEY HOMES, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed December 15, 1981.

Attorney(s) appearing for the Case

Zipperman, Levin & Associates, Ltd., of Chicago (Edward S. Lipsky and Adrienne Zipperman Shaps, of counsel), for appellants.

Morgan, Tuchow & Karzov, of Chicago (Martin Tuchow, Arnold J. Karzov, and Philip S. Witt, of counsel), for appellee C. Casey Homes, Inc.

Judgment affirmed.

JUSTICE PERLIN delivered the opinion of the court:

This is a breach of contract action brought by plaintiffs, Roy A. and Anne Witty, against defendants, C. Casey Homes, Inc., a home-building contractor, and Davia and Benda, Inc., a masonry subcontractor. In their complaint plaintiffs alleged that contrary to the specifications in the building contract, which called for "face brick veneer," defendants substituted defective ordinary brick...

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