Gen. No. 67-164.

96 Ill. App.2d 432 (1968)

239 N.E.2d 330

Homer Fitzgerald, Plaintiff-Appellant, v. James Van Buskirk and Sonja Van Buskirk, Defendants-Appellees.

Appellate Court of Illinois — Second Judicial District.

July 22, 1968.

Attorney(s) appearing for the Case

Adamowski, Newey & Riley, of Chicago, for appellant.

Looze & Kinne, of McHenry, and Albert J. Horrell, of Chicago, for appellees.

MR. JUSTICE DAVIS delivered the opinion of the court.

The plaintiff, Homer Fitzgerald, brought this suit against the defendants, James and Sonja Van Buskirk, to foreclose a mechanic's lien against certain property owned by them. The trial court granted the defendants' motion to dismiss the complaint on the grounds that it did not state a cause of action.

The plaintiff contends that his complaint was sufficient to state a cause of action under the Mechanics...

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