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FRANK'S MAINTENANCE & ENG'R v. C.A. ROBERTS CO.

No. 79-1854.

86 Ill. App.3d 980 (1980)

408 N.E.2d 403

FRANK'S MAINTENANCE & ENGINEERING, INC., Plaintiff-Appellant, v. C.A. ROBERTS CO. et al., Defendants-Appellees.

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

Opinion filed July 24, 1980.

Attorney(s) appearing for the Case

Douglas W. Graham, of Chicago, for appellant.

Roxane C. Bosey, John R. Doyle, and N. Rosie Rosenbaum, all of Chicago (Hopkins, Sutter, Mulroy, David & Cromartie, and McDermott, Will & Emery, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The plaintiff, upon discovering that goods ordered from one defendant and sent by the other defendant were defective, sued to recover the purchase price and certain other damages. Both defendants moved for summary judgment, contending the plaintiff was not entitled to recover since it had simply junked the goods. They also contended that the plaintiff was not entitled to recover...

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