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WORKMEN'S LUMBER & CONST. CO. v. MARTIN

Gen. No. 52,609.

121 Ill. App.2d 352 (1970)

257 N.E.2d 494

Workmen's Lumber & Construction Co., an Illinois Corporation, d/b/a Workmen's Construction Company, Plaintiff-Appellant, v. Ulysses Martin and Rebecca Martin, Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

March 11, 1970.

Attorney(s) appearing for the Case

Mitchell Edelson, Jr., of Chicago (Dennis Cunningham, of counsel), for appellant.

Lawrence S. Adler and Karl Schelly, of Chicago, for appellees.

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

This is an appeal from a judgment dismissing plaintiff's cause of action because of res judicata.

The litigation had its origin from a contract wherein defendants agreed to have plaintiff construct an addition to their home for the sum of $3,500. Defendants executed a promissory note for the amount agreed upon, plus interest, payable over a five-year term. Work was commenced but interrupted and...

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