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VANDER WAGEN BROS. INC. v. BARNES

Nos. 56797, 56829 cons.

15 Ill. App.3d 550 (1973)

304 N.E.2d 663

VANDER WAGEN BROS., INC., Plaintiff-Appellee, v. C.J. BARNES, d/b/a C.J. BARNES & COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

October 18, 1973.

Attorney(s) appearing for the Case

Charles A. Wilson, of Chicago, for appellant.

James P. Morgan, David A. Stall, and Linda Gohlke, of Sundheim, Morgan & Sundheim, of Chicago, for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court:

Vander Wagen Bros., Inc., a coal and oil dealer, filed suit against C.J. Barnes, a real-estate broker, who was doing business as C.J. Barnes & Co., for $9,283.64. It alleged that Barnes ordered coal and oil for eight buildings under his control and, after delivery and demand for payment, refused to pay for the fuel. Barnes admitted that there was delivery at his request...

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