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CITY OF DeKALB v. SORNSIN

Gen. No. 11,834.

46 Ill. App.2d 161 (1964)

196 N.E.2d 502

City of DeKalb, for the Use and Benefit of International Pipe and Ceramics Corporation, a Delaware Corporation, and International Pipe & Ceramics Corporation, a Delaware Corporation, Plaintiffs-Appellees, Cross-Appellants, v. M.M. Sornsin, d/b/a M.M. Sornsin Co., Defendant and New Amsterdam Casualty Company, a Corporation, Defendant-Appellant, Cross-Appellee.

Appellate Court of Illinois — Second District.

February 24, 1964.

Attorney(s) appearing for the Case

Dent, Hampton & Doten, of Chicago, and Downey, Laying, Anderson & Martenson, of Rockford, for appellant.

Liebling, Adelman, Watson & Bernstein, all of Chicago, and Lloyd J. Tyler, Jr., of Aurora (Harry Adelman, Lloyd J. Tyler, Jr., and Michael P. Myers, of counsel), for appellees.

CARROLL, J.

This is an action at law brought by a subcontractor to recover an unpaid balance due it for materials furnished to and used by a contractor in the construction of a certain public improvement for the City of DeKalb.

On March 11, 1957 M.M. Sornsin d/b/a M.M. Sornsin Co. (referred to herein as Sornsin), entered into a contract with the City of DeKalb for the construction of a storm sewer addition....

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