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BOARD OF EDUCATION v. HERZOG BLDG. CORP.

Gen. No. 48,768.

41 Ill. App.2d 44 (1963)

190 N.E.2d 152

Board of Education of Community Consolidated School District No. 59 of Cook County, Illinois, etc., Plaintiff-Appellee, v. Herzog Building Corporation, an Illinois Corporation, Merged with E.A. Herzog Construction Company, an Illinois Corporation, and Herzog Realty Company, an Illinois Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

April 11, 1963.

Attorney(s) appearing for the Case

Paul M. Smith, Jr. and Cecil A. Caplow, of Chicago (Cecil A. Caplow, of counsel), for appellant.

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

MR. JUSTICE FRIEND delivered the opinion of the court:

Defendant appeals from a judgment on the pleadings in favor of plaintiff for $103,261.50, representing $95,000 as principal plus interest.

The salient facts are set forth in a prior opinion involving the parties (Board of Education v. E.A. Herzog Const. Co., 29 Ill.App.2d 138, 172 N.E.2d 645 (1961)) and disclose that on May...

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