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MILLER v. REED

No. 72-96.

13 Ill. App.3d 1074 (1973)

302 N.E.2d 131

JOHN R. MILLER, d/b/a MILLER ELECTRIC COMPANY, Plaintiff-Appellee, v. GUY D. REED, Defendant-Appellant — (TOMMY PAYNE, JR., Defendant-Appellee.)

Appellate Court of Illinois — Fifth District.

September 13, 1973.

Attorney(s) appearing for the Case

Robert S. Hill, of Benton, for appellant.

Richard O. Hart, of Hart and Hart, of Benton, for appellee John R. Miller.

Elmer Jenkins and Jeff Trout, both of Benton, for appellee Tommy Payne.

Decree affirmed.

Mr. JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Defendant Reed appeals from a decree awarding plaintiff Miller a mechanics' lien against co-defendants Reed and Payne and from a decree awarding counterplaintiff Payne a judgment against counterdefendant Reed.

Plaintiff-contractor Miller (hereafter called "contractor") entered into an oral contract with defendant Payne (hereafter called "tenant"), although not actually...

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