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KRACK CORP. v. SKY VALLEY FOODS, INC.

No. 53931.

133 Ill. App.2d 469 (1971)

273 N.E.2d 202

KRACK CORPORATION, Plaintiff-Appellant, v. SKY VALLEY FOODS, INC. et al., Defendants-Appellees.

Appellate Court of Illinois — First District.

Rehearing denied July 1, 1971.

Attorney(s) appearing for the Case

Walter P. Altenburg, of Chicago, (John Demling, and Siegan & Rubinoff, of counsel,) for appellant.

Frankenstein, Lewis & Feierberg, of Chicago, (A.S. Frankenstein and R.R. Frankenstein, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE TRAPP delivered the opinion of the court:

Plaintiff, a sub-contractor, filed its complaint to foreclose a mechanics lien. The trial court found that there was due plaintiff the sum of $5188.38, but that the owners, Sky Valley Foods and Skyval Realty Corporation, were entitled to rely upon a "final sworn statement" furnished by the contractor, Midwest Engineering, which purportedly showed that plaintiff was paid in full, and...

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