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BD. OF ED. OF SCH. DIST. v. SURETY DEVELOPERS

No. 72-388.

24 Ill. App.3d 638 (1974)

321 N.E.2d 99

BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 68, Du Page County, Plaintiff-Appellant, v. SURETY DEVELOPERS, INC., Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied January 8, 1975.

Attorney(s) appearing for the Case

G. Kent Yowell, of Northbrook, for appellant.

Marks, Marks, & Kaplan, of Chicago (William S. Kaplan, and Robert Marks, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

Plaintiff brought this action to collect damages for breach of a written contract entered into by the parties; the defendant filed a counterclaim. After a bench trial, the court entered judgments in favor of the defendant on both the complaint and the counterclaim. Plaintiff appeals contending that the trial court erred in finding that (1) the original agreement...

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