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SHELDON LIVESTOCK CO. v. WESTERN ENGINE CO.

No. 72-107.

13 Ill. App.3d 993 (1973)

301 N.E.2d 485

SHELDON LIVESTOCK COMPANY, INC., Plaintiff-Appellee, v. WESTERN ENGINE COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

September 17, 1973.

Attorney(s) appearing for the Case

Gates W. Clancy, of Geneva, for appellant.

Donovan, Dichtl, Atten, Mountcastle & Roberts, of Wheaton, for appellee.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The plaintiff, Sheldon Livestock Company, Inc., filed a three count complaint against Western Engine Company as agent, and Detroit Diesel Company as principal, seeking damages for repairs and loss of time and use of its truck-tractor as the result of an overhaul of the truck by Western Engine Company. Count I alleged negligent repair; Count II alleged breach of contract to perform...

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