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TROMPETER CONST. CO. v. HIGBY

Gen. No. 11,243.

22 Ill. App.2d 420 (1959)

161 N.E.2d 159

Trompeter Construction Company, Plaintiff-Appellant, v. Norman P. Higby, Doing Business As Indian Head Syndicate Trust, and The Aetna Casualty and Surety Company, Defendants-Appellees.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied and opinion modified October 7, 1959.

Released for publication October 7, 1959.

Attorney(s) appearing for the Case

George L. Herbolsheimer, of LaSalle, and Pool & Langer, of Ottawa, and Berry & O'Conor, of Streator, for plaintiff-appellant.

Puklin & Nelson, of Aurora (Jerome Nelson, of counsel) for defendants-appellees.

JUSTICE DOVE delivered the opinion of the court.

Trompeter Construction Company, a corporation, brought this action in the Circuit Court of LaSalle County against Norman P. Higby, doing business as Indian Head Syndicate Trust, and The Aetna Casualty and Surety Company to recover damages for an alleged breach of contract. The defendants answered and Higby filed a counterclaim. Replies were filed and the issues made by the pleadings were submitted to a jury. At the...

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