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VANDERLAAN v. BERRY CONST. CO.

Gen. No. 11,103.

119 Ill. App.2d 142 (1970)

255 N.E.2d 615

R.J. Vanderlaan, d/b/a R.J. Vanderlaan Construction, Plaintiff-Appellee, v. Berry Construction Company, a Delaware Corporation, J. Everett Sims, Marjorie M. Sims, John J. Molloy and Dorothy J. Molloy, Defendants, J. Everett Sims, Marjorie M. Sims, John J. Molloy, and Dorothy J. Molloy, Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

January 26, 1970.

Attorney(s) appearing for the Case

Samuels, Miller, Schroeder, Jackson & Sly, of Decatur (John E. Fick, of counsel), for appellants.

Wilson, Dyar, Houchen & McDonald, of Decatur (Vernon H. Houchen, of counsel), for appellee.

TRAPP, J.

Plaintiff, a subcontractor, sued Berry, the principal contractor, and the owners of certain real estate, claiming a balance due upon a subcontract. The owners moved to dismiss the complaint for failure to state a cause of action against them. The magistrate denied such motion and the owners elected to stand upon their pleadings. Judgment was entered in favor of the plaintiff in the sum of $1,965.95. The owners...

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