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J.J. BROWN CO., INC. v. J.L. SIMMONS CO., INC.

Gen. No. 46,047.

2 Ill. App.2d 132 (1954)

118 N.E.2d 781

J.J. Brown Company, Inc., Appellant, v. J.L. Simmons Company, Inc., Appellee.

Appellate Court of Illinois.

Rehearing denied April 27, 1954.

Released for publication April 27, 1954.

Attorney(s) appearing for the Case

A.S. and E.W. FROEHLICH, of Chicago, for appellant; EDMUND W. FROEHLICH, of Chicago, of counsel.

CAMPBELL, CLITHERO & FISCHER, of Chicago, for appellee; CARLTON L. FISCHER, of Chicago, of counsel.

MR. JUSTICE ROBSON delivered the opinion of the court.

This is an amended complaint in equity by plaintiff, a subcontractor, against the general contractor on a lathing and plastering subcontract for construction of the Chicago State Tuberculosis Sanitarium. In two counts, the complaint first seeks to impose a mechanic's lien upon monies payable from the State, and, second, to recover damages for breach of contract....

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