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MIDWEST UTIL. CO. v. CHICAGO TITLE & TRUST

No. 76-190.

50 Ill. App.3d 721 (1977)

365 N.E.2d 1294

MIDWEST UTILITY COMPANY, INC., Plaintiff-Appellee, v. CHICAGO TITLE & TRUST COMPANY, Trustee, Defendant-Appellant.

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

Opinion filed June 27, 1977.

Attorney(s) appearing for the Case

McDermott, Will & Emery, of Chicago (James E. Betke, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller (D. Kendall Griffith and William J. Holloway, of counsel), for appellee.

Affirmed in part and reversed in part.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Plaintiff Midwest Utility Company, Inc. (Midwest) sued to foreclose a mechanic's lien to recover the unpaid contract price of a water treatment system it built for defendant Intercontinental Food Industries, Inc. (IFI), and for attorneys' fees under the contract. IFI counterclaimed for the amount paid Midwest, alleging breach of contract by Midwest.

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