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VERPLANK CONCRETE & SUPPLY, INC. v. MARSH

No. 13217.

40 Ill. App.3d 742 (1976)

353 N.E.2d 27

VERPLANK CONCRETE & SUPPLY, INC., Plaintiff-Appellant, v. LAWRENCE E. MARSH, d/b/a Marsh Stud of LeRoy, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed August 5, 1976.

Attorney(s) appearing for the Case

Samuels, Miller, Schroeder, Jackson & Sly, of Decatur (John E. Fick, of counsel), for appellant.

Costigan, Wollrab, Fraker, Wochner & Neirynck, of Bloomington, for appellees.

Judgment reversed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

This case involves the sufficiency of the pleadings in an action brought under the Mechanics' Liens Act (Ill. Rev. Stat. 1973, ch. 82). The trial court dismissed the petition to foreclose the lien on the ground that plaintiff failed to allege sufficient contacts with the owner or prime contractor to sustain a lien and on the ground that the petition alleged both lienable and nonlienable...

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