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FITZPATRICK v. ALLIED CONTRACTING CO.

No. 36496.

24 Ill.2d 448 (1962)

182 N.E.2d 183

JAMES R. FITZPATRICK et al., Appellants, v. ALLIED CONTRACTING COMPANY, Appellee.

Supreme Court of Illinois.

Rehearing denied May 23, 1962.

Attorney(s) appearing for the Case

HALFPENNY & HAHN, of Chicago, and JAMES R. REILLY, of Springfield, (HAROLD T. HALFPENNY, RICHARD F. HAHN, JAMES F. FLANAGAN, and MARY M. SHAW, of counsel,) for appellants.

STEVENS, HERNDON, NAFZIGER & MOHAN, of Springfield, (JAMES T. MOHAN, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE SOLFISBURG delivered the opinion of the court:

Plaintiffs, James R. Fitzpatrick, Florence C. Fitzpatrick, Thomas D. Burton and Mary E. Burton have appealed directly to this court from a decree of the chancellor of the circuit court of Sangamon County, confirming the findings of fact of the special master's report and granting defendant and counterclaimant, Allied Contracting Company, specific performance of an alleged agreement...

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