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VILAND v. JAMES E. McELVAIN, INC.

No. 81-257.

103 Ill. App.3d 318 (1982)

431 N.E.2d 75

SIGURD VILAND, Plaintiff and Counterdefendant-Appellant, v. JAMES E. McELVAIN, INC., Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois — Third District.

Rehearing denied February 24, 1982.

Attorney(s) appearing for the Case

Mike Sorokas, of Barton & Barton, of Marseilles, for appellant.

Dallas Ingemunson, of Yorkville, and Wayne McFarland, Jr., of Peacock & Peacock, of Morris, for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

The parties to this appeal have done business together over a period of years. They have been involved in many contracts, predominantly oral, for the performance of road construction work and the supply of men and machinery. As is not uncommon, the ultimate resolution of who owes whom and how much is decided in the courtroom. A prologue to the instant appeal would be lengthy. It would...

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