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LYONS BROS. LUMBER & FUEL CO. v. SHEPHERD

No. 78-22.

81 Ill. App.3d 213 (1980)

400 N.E.2d 975

LYONS BROTHERS LUMBER & FUEL CO., Plaintiff-Appellee, v. JESSE C. SHEPHERD, d/b/a Shepherd Construction Company, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed February 7, 1980.

Attorney(s) appearing for the Case

Nathan H. Lichtenstein, of Goldgehn, Leonardo, Goldgehn & Isaacson, of Chicago, for appellant.

Gerald R. Kinney, of Murphy, Timm, Lennon, Spesia & Ayers, of Joliet, for appellee.

Judgment vacated and cause remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

The plaintiff, Lyons Brothers Lumber and Fuel Co., obtained a judgment by confession against the defendant, Jesse C. Shepherd, d/b/a Shepherd Construction Company, on November 17, 1975, in the amount of $104,910.83 representing sums due to plaintiff on a promissory note. The judgment may be broken down into the following categories and amounts:

        $964...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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