JOHN BURNS CONSTR. CO. v. INTERLAKE, INC.

No. 80-2112.

105 Ill. App.3d 19 (1982)

433 N.E.2d 1126

JOHN BURNS CONSTRUCTION COMPANY, Plaintiff-Appellee, v. INTERLAKE, INC., Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed March 23, 1982.


Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, of Chicago (Thomas D. Allen and Robert E. Kehoe, Jr., of counsel), for appellant.

Pope, Ballard, Shepard & Fowle, of Chicago (Thomas J. Regan and Mark T. Dunn, of counsel), for appellee.


Affirmed in part, and vacated in part and remanded.

JUSTICE PERLIN delivered the opinion of the court:

John Burns Construction Company (Burns) sued Interlake, Inc. (Interlake), to obtain further payment for a sewer project. Although Interlake had paid Burns the stated contract price of $68,117, Burns' three-count complaint sought an additional $149,000 for excavating problems encountered on the job. Count I alleged fraud, that Interlake had misled Burns as...

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