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OCCIDENTAL CHEMICAL v. AGRI PROFIT SYSTEMS

Nos. 74-220, 74-223 cons.

37 Ill. App.3d 599 (1975)

346 N.E.2d 482

OCCIDENTAL CHEMICAL COMPANY, Plaintiff-Appellant, v. AGRI PROFIT SYSTEMS, INC., Defendant-Appellee. — OCCIDENTAL CHEMICAL COMPANY, Plaintiff-Appellant, v. ROBERT F. McCULLOUGH et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Supplemental opinion filed on rehearing May 13, 1976.

Attorney(s) appearing for the Case

Stitt, Moore, Kearns, Szala, Bieg & Weirauch, of Arlington Heights, and Irving B. Campbell, of Campbell & Johnson, of St. Charles, for appellant.

Stephen M. Cooper, of Geneva, for appellees.

(2nd Divison) Reversed and remanded.

Mr. JUSTICE DIXON delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Kane County, Illinois, granting summary judgment for the plaintiff and against the defendants for the principal amount admittedly due on an account plus interest at the rate of 1% per year. The parties had contracted for a service charge of 1% on past due balances without specifying any period of time. Whether per...

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