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HALL v. GRUESEN

Gen. No. 47,656.

22 Ill. App.2d 465 (1959)

161 N.E.2d 345

David W. Hall, Jr., d/b/a Hall Industries and Hall Industries, Inc., Plaintiff-Appellant, v. Frank Gruesen, d/b/a Gardencraft, Mutual Metal Manufacturing Co., a corporation, and C.D. Cash Mfg. Co., a corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

Released for publication October 19, 1959.

Attorney(s) appearing for the Case

Raymond B. Morris, of Chicago (Samuel C. Morris, of counsel) for plaintiff-appellant.

Philip D. Goodman, of Chicago (Charles D. Snewind, of counsel) for defendants-appellees.

JUSTICE SCHWARTZ delivered the opinion of the court.

This is a suit for damages for breach by defendants, Gruesen, Mutual Metal Mfg. Co. (Mutual) and C.D. Cash Mfg. Co. (Cash), of a contract to manufacture and deliver goods ordered by plaintiff. The complaint consists of three counts. Gruesen was not served. A motion by defendants Mutual and Cash to strike Counts 1 and 2 was sustained by the court, and the suit was dismissed as to Mutual. The third count charged Cash...

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