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JOHN CALNAN CO. v. TALSMA BUILDERS, INC.

No. 61855.

40 Ill. App.3d 62 (1976)

351 N.E.2d 334

JOHN J. CALNAN CO., Plaintiff and Counterdefendant-Appellee, v. TALSMA BUILDERS, INC., Defendant and Counterclaimant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed June 23, 1976.

Attorney(s) appearing for the Case

Thomas, Wallace, Feehan and Baron, Ltd., of Joliet (James T. Bradley, of counsel), for appellant.

Benjamin I. Coven and Fein and Hanfling, both of Chicago (Norman Hanfling, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE ADESKO delivered the opinion of the court:

This is an appeal from a declaratory judgment rescinding a construction contract by reason of mistake and from a finding on defendant's counterclaim that plaintiff was not in breach of the rescinded contract. The issues presented for review are:

(1) Whether the findings of the trial court were against the manifest weight of the evidence; and (2) Whether a mistake existed...

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