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HARDWARE WHOLESALERS, INC. v. HEATH

No. 71-209.

10 Ill. App.3d 337 (1973)

293 N.E.2d 721

HARDWARE WHOLESALERS, INC., Plaintiff-Appellant, v. RICHARD J. HEATH et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

February 28, 1973.

Attorney(s) appearing for the Case

Cox, Phillips & Weber, of Robinson, (Frank J. Weber, of counsel,) for appellant.

Robert L. Douglas, of Robinson, for appellees.

Reversed and remanded.

Mr. JUSTICE JONES delivered the opinion of the court:

Plaintiff appeals the dismissal of Count I of its complaint which sought a judgment against defendant Richard J. Heath on the basis of an alleged agreement of guaranty. Count II of the complaint was lodged against Crawford County Cash & Carry, Inc., successor to Reese Building & Industrial Supply, Inc. and is not involved in this appeal. The dismissing of Count I was in response...

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