CAPITOL PLBG. & HTG. v. VAN'S PLBG. & HTG.

No. 14655.

58 Ill. App.3d 173 (1978)

373 N.E.2d 1089

CAPITOL PLUMBING & HEATING SUPPLY, INC., Plaintiff-Appellant, v. VAN'S PLUMBING & HEATING et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed March 17, 1978.


Attorney(s) appearing for the Case

Craig A. Randle and James R. Potter, both of Londrigan & Potter, P.C., of Springfield, for appellant.

Fred Hoffmann, of Springfield, for appellee Orchard Hill Cooperative Apartments, Inc.

W. Joseph Gibbs, of Springfield, for appellee Illinois National Bank and Chicago Title Insurance Company.


Reversed and remanded.

Mr. PRESIDING JUSTICE GREEN delivered the opinion of the court:

Plaintiff Capitol Plumbing & Heating Supply, Inc., brought action in the circuit court of Sangamon County to foreclose a mechanics' lien. At the conclusion of the presentation of plaintiff's evidence, the trial court ruled that (1) plaintiff was suing as a subcontractor, (2) Three-B Construction, Inc., was shown by plaintiff's evidence to have been the general contractor...

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