HEMINGWAY v. SKINNER ENGINEERING CO.

Gen. No. 69-28.

117 Ill. App.2d 452 (1969)

254 N.E.2d 133

Joseph M. Hemingway, d/b/a Hemingway Engineering, Plaintiff-Appellee, v. Skinner Engineering Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Second District.

December 12, 1969.


Attorney(s) appearing for the Case

Carl J. Cipolla and Harry G. Fins, of Chicago, for appellant.

Tyler and Pesking, of Aurora, for appellee.


MR. JUSTICE DAVIS delivered the opinion of the court.

The plaintiff, Joseph M. Hemingway, d/b/a Hemingway Engineering, a distributor of smokestacks and smoke abaters, brought this suit against the defendant, Skinner Engineering Company, a corporation, to recover the sum of $7,811 for services and materials furnished to the defendant on two individual job sites. The complaint alleged:

"1. That on or about August 13, 1965 the plaintiff was engaged in the business...

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