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WESTERN SAND & GRAVEL CO. v. TOWN OF CORNWALL

Gen. No. 10,652.

350 Ill. App. 93 (1953)

111 N.E.2d 861

Western Sand and Gravel Company, Plaintiff-Appellee, and Cross-Appellant, v. Town of Cornwall, Henry County, Illinois, Defendant-Appellant. Charles Sears, as Treasurer of Town of Cornwall; Charles Sears, as Treasurer of Road and Bridge Fund of Town of Cornwall; and Charles Sears, Individually, Defendants and Cross-Appellees.

Appellate Court of Illinois.

Rehearing denied May 5, 1953.

Released for publication May 5, 1953.

Attorney(s) appearing for the Case

SHAW & CHAMBERLAIN, of Geneseo, for appellant and cross-appellees.

WELCH & WELCH, and ANDREWS & ANDREWS, all of Kewanee, for appellee.

MR. JUSTICE WOLFE delivered the opinion of the court.

On October 14, 1944, the plaintiff, Western Sand & Gravel Company, filed its complaint in the circuit court of Henry county, Illinois, against Cornwall township. Later on November 5, 1945, the plaintiff amended its complaint naming the Town of Cornwall, as the defendant.

The pleadings are very voluminous, but in substance are as follows: The complaint alleged...

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