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RIEMER BROS. v. MARLIS CONSTRUCTION CO.

No. 75-182.

37 Ill. App.3d 842 (1976)

346 N.E.2d 37

RIEMER BROS., INC., Plaintiff-Appellee, v. MARLIS CONSTRUCTION CO., Defendant-Appellant.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed April 21, 1976.

Attorney(s) appearing for the Case

Ray W. Fick, Jr., of Herrick, McNeill, McElroy & Peregrine, of Chicago, for appellant.

David A. Decker, of Waukegan, for appellee.

Reversed and remanded.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

This appeal involves the construction of a contract for bringing in, grading and compacting fill at the site of a real estate development. The dispute is as to the amount owed by Marlis, the land developer, to Riemer, the earth moving contractor, based on the following language: "Import, grade and compact clay fill $2.75 cu. yd."

The question at issue is whether this...

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