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CHAPMAN, MAZZA, AIELLO v. ACE LUMBER & CONST.

Gen. No. 66-94.

83 Ill. App.2d 320 (1967)

227 N.E.2d 562

Chapman, Mazza, Aiello, Inc., an Illinois Corporation (Vernal Frette, Assignee and Petitioner), Petitioner-Appellant, v. Ace Lumber and Construction Co., Inc., an Illinois Corporation, Ace-Bilt Homes, Inc., an Illinois Corporation, National Brick Company, an Illinois Corporation, Material Service Division of General Dynamics Corporation, a Delaware Corporation and "Unknown Owners," Defendants, and Beverly Bank, Not Individually, But as Trustee Under Trust No. 8-0160, Defendant-Appellee.

Appellate Court of Illinois — Second District.

June 13, 1967.

Attorney(s) appearing for the Case

Goldsmith, Dyer, Thelin and Schiller, of Aurora, for appellant.

Corrigan and Mackay, of Wheaton, for appellee.

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

This is an action brought by Chapman, Mazza, Aiello, Inc., to foreclose a mechanic's lien on real estate legally vested in the Beverly Bank, as Trustee.

On January 11, 1965, the circuit court entered a decree awarding a lien under the Mechanics' Lien Act. (Ill Rev Stats 1965, c 82, pars 1-39 incl.) The decree found that the plaintiff had entered into several contracts, in the fall of 1963 and...

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