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UNITED CITY OF YORKVILLE v. LEWIS CONST. CO.

Gen. No. 11,811.

48 Ill. App.2d 463 (1964)

198 N.E.2d 863

United City of the Village of Yorkville, Kendall County, Illinois, for the Use and Benefit of James B. Clow & Sons, Inc., a Corporation, Plaintiff-Appellant, v. W.J. Lewis Construction Co., a Corporation, et al., Defendants-Appellees. Standard Accident Insurance Company, a Corporation, v. Northbrook Supply Co., a Corporation, et al. Zean Davis d/b/a Davis Construction Company, et al., v. W.J. Lewis Construction Company, Inc., a Corporation, et al.

Appellate Court of Illinois — Second District.

May 21, 1964.

Attorney(s) appearing for the Case

Spray, Price, Townsend & Cushman, all of Chicago (James T. Otis and John R. Mannix, Jr., of counsel), for appellant.

Dent, Hampton & Doten, of Chicago, for appellee, Standard Accident Insurance Co.

ABRAHAMSON, P.J.

This is an action brought by a subcontractor against the general contractor and its surety company to recover for materials furnished in the course of installing a water main extension for a municipality. At the conclusion of the plaintiff's case, the trial court sustained the motion of the surety company to find the issues against the plaintiff and in favor of the surety, and the plaintiff has appealed.

For ease of reference, the United City...

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