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MID-CONTINENT CONST. CO. v. GOLDBERG

Gen. No. 48,764.

40 Ill. App.2d 251 (1963)

188 N.E.2d 511

Mid-Continent Construction Company, Inc., a Corporation, Plaintiff-Appellant, v. Bertrand Goldberg, Doing Business as Bertrand Goldberg Associates, Goethe Building Corporation, a Corporation, Continental Illinois National Bank and Trust Company, Not Individually but as Trustee Under Trust No. 46835, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

February 25, 1963.

Attorney(s) appearing for the Case

Lewis W. Schlifkin, of Chicago, for appellant.

Thompson, Raymond, Mayer & Jenner, of Chicago, for Goethe Building Corporation and Bertrand Goldberg Associates, appellees, and Mayer, Friedlich, Spiess, Tierney, Brown & Platt, of Chicago (Samuel W. Block and Kenneth J. Burns, Jr., of counsel), for Continental Illinois National Bank and Trust Company, appellee.

MR. PRESIDING JUSTICE BURMAN delivered the opinion of the court.

This appeal concerns Count II of the amended complaint in which plaintiff, Mid-Continent Construction Company, sought to foreclose a mechanic's lien. (Count I of the complaint, which seeks an accounting, is not involved in this appeal.) Defendants filed a motion to dismiss, raising as a defense a waiver of the mechanic's lien executed by Ursa C. Stringer...

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