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SOUTHERN PROVISIONS v. HARRIS TRUST & SAV. BK.

No. 80-986.

96 Ill. App.3d 745 (1981)

422 N.E.2d 33

SOUTHERN PROVISIONS, INC., d/b/a Southern Purveyors, Plaintiffs, v. HARRIS TRUST AND SAVINGS BANK, Defendant and Third-Party Plaintiff-Appellant. — (NORTH BANK, Third-Party Defendant-Appellee; MICKEY MORRISON, a/k/a Mickey Weed, Defendant.)

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

Rehearing denied June 22, 1981.

Attorney(s) appearing for the Case

Mark P. Cohen, of Chapman & Cutler, of Chicago, for appellant.

Raymond E. Stachnik, of Abramson & Fox, of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE McGLOON delivered the opinion of the court:

Harris Trust and Savings Bank instituted an action against North Bank for breach of warranty of good title. The trial court found that North Bank had breached its warranty, but held that Harris Bank was not entitled to attorney's fees and litigation costs under section 4-207(3) of the Uniform Commercial Code.

On appeal, Harris Trust and Savings Bank claims that the trial court...

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