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McWANE CAST IRON PIPE CO v. AETNA CAS. & SURETY CO

Gen. No. 9,959.

3 Ill. App.2d 399 (1954)

122 N.E.2d 435

McWane Cast Iron Pipe Company, Plaintiff-Appellant, v. The Aetna Casualty and Surety Company, Defendant-Appellee.

Appellate Court of Illinois.

Rehearing denied December 1, 1954.

Released for publication December 1, 1954.

Attorney(s) appearing for the Case

ELDON L. McLAUGHLIN, and WILBUR R. WICKS, both of Danville, for appellant.

KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, of Chicago, and STEELY, DYSERT & NORWOOD, of Danville, for appellee; HOWARD ELLIS and WALTER T. KUHLMEY, of Chicago, and BEN NORWOOD, of Danville, of counsel.

MR. JUSTICE HIBBS delivered the opinion of the court.

Plaintiff, McWane Cast Iron Pipe Company, a corporation, filed its unverified amended complaint in the circuit court of Vermilion county alleging that on July 12, 1950 it sold to Albert Warner Construction Co. of Hoopeston, Illinois certain materials used by the construction company in the installation of a waterworks in the Village of Potomac, Illinois; that the construction company furnished a performance bond...

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