JOHN KUBINSKI & SONS v. DOCKSIDE DEVELOPMENT

No. 59623.

33 Ill. App.3d 1015 (1975)

339 N.E.2d 529

JOHN KUBINSKI & SONS, INC., Plaintiff and Counterdefendant-Appellee, v. DOCKSIDE DEVELOPMENT CORP., Defendant and Counterplaintiff-Appellant. — (RESERVE INSURANCE COMPANY, Counterdefendant, Cross-Plaintiff and Third-Party Plaintiff-Appellant; JOHN KUBINSKI & SONS, INC., et al. Counterdefendants, Cross-Defendants and Third-Party Defendants-Appellees.)

Appellate Court of Illinois — First District (1st Division).

November 3, 1975.


Attorney(s) appearing for the Case

Brown, Fox and Blumberg, of Chicago (Eugene L. Resnick, of counsel), for appellant Dockside Development Corp.

Schiff, Hardin & Waite, of Chicago (Aaron J. Kramer, of counsel), for appellee Reserve Life Insurance Co.


Affirmed in part, and reversed and remanded in part.

Mr. JUSTICE EGAN delivered the opinion of the court:

The plaintiff-counter-defendant, John Kubinski & Sons, Inc. (Kubinski), is an excavating contractor which entered into a written agreement on February 1, 1968, with the defendant, Dockside Development Corporation (Dockside), to excavate a slip at Lake Calumet Harbor. The plaintiff filed a complaint for breach of that written agreement; the defendant...

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