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PLEPEL v. NIED

No. 81-909.

106 Ill. App.3d 282 (1982)

435 N.E.2d 1169

JOSEPH K. PLEPEL, Plaintiff-Appellee and Cross-Appellant, v. ALEX NIED, a/k/a Alex Niedzialek, Defendant and Counterdefendant-Appellant and Cross-Appellee. — (LYONS SAVINGS & LOAN ASSOCIATION, Defendant and Counterplaintiff-Appellant and Cross-Appellee.)

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

Rehearing denied June 1, 1982.

Attorney(s) appearing for the Case

Theodore W. Wrobleski, of Chicago, for appellant Alex Nied.

E. Paul Lanphier, of Elmhurst, for appellant Lyons Savings & Loan Association.

John B. Murnighan, of Kovar & Smetana, of Chicago, for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE HARTMAN delivered the opinion of the court:

In an amended two-count complaint against several defendants, including Alex Nied (Nied) and Lyons Savings & Loan Association (Lyons), plaintiff Joseph K. Plepel (Plepel) sought foreclosure of a mechanic's lien on Nied's property, contract damages and certain other relief. Both counts alleged, inter alia, that plaintiff orally contracted with...

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