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LESCHER BLDG. SERVICE v. PRAIRIE MILLS

Gen. No. 10,313.

28 Ill. App.2d 442 (1961)

171 N.E.2d 602

Lescher Building Service, Inc., an Illinois Corporation, Plaintiff-Appellant and Cross-Appellee, v. Prairie Mills, Inc., an Illinois Corporation, and Frank W. Young, Individually, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — Third District.

January 26, 1961.

Attorney(s) appearing for the Case

Woolen, Byers & Brown, of Decatur (Frank L. Byers and Rex L. Brown, of counsel) for appellants.

Frederick R. Pefferle, of Springfield, for appellee.

CARROLL, PRESIDING JUSTICE.

On November 30, 1959, the Circuit Court of Sangamon County entered judgment by confession in favor of plaintiff on a promissory note executed by defendants. The judgment was in the amount of $34,202.65, which included the sum of $4000 as attorney's fees. On December 7, 1959, defendants filed a motion to vacate and set aside the judgment, and for leave to plead. In support of the motion defendants filed an affidavit made by Frank W. Young...

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