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BOARD OF EDUCATION v. HERZOG CONST. CO.

Gen. No. 48,120.

29 Ill. App.2d 138 (1961)

172 N.E.2d 645

Board of Education of Community Consolidated School District No. 59 of Cook County, Illinois, a Body Politic and Corporate, Created Under the Statutes of the State of Illinois, Plaintiff-Appellee, v. E.A. Herzog Construction Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

February 21, 1961.

Attorney(s) appearing for the Case

Paul M. Smith, Jr., and Harry G. Fins, of Chicago, for appellant.

Irving Goodman and Everett Lewy, of Chicago, for appellee.

MR. JUSTICE BRYANT delivered the opinion of the court.

The plaintiff filed a complaint at law seeking to recover from the defendant, a subdivider, $95,000.00 with interest on a written agreement, dated May 9, 1957 and modified by a written agreement, dated August 27, 1958. The defendant filed a motion to strike the complaint, which was denied. The defendant filed an answer, and by leave of court, an amended answer. The trial court allowed the plaintiff's motion to...

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