W.D. HT. & S. MT. CO. v. R. SCH. & A.

No. 82-1945.

112 Ill. App.3d 438 (1983)

445 N.E.2d 451

WELL DONE HEATING & SHEET METAL CO., Plaintiff, v. RALPH SCHWARTZ & ASSOCIATES et al., Defendants-Appellants. — (Steven I. Brown, Indiv. and d/b/a Custom Cycle Sales, et al., Defendants-Appellees.)

Appellate Court of Illinois — First District (4th Division).

Opinion filed January 27, 1983.


Attorney(s) appearing for the Case

Michael L. Shakman, of Krupp & Miller, of Chicago, for appellants.

Hartigan & Ward, of Chicago, for appellees.


Judgment affirmed.

PRESIDING JUSTICE ROMITI delivered the opinion of the court:

Appellant was a contractor on a construction project for appellee, the owner of the property. After the work was completed a subcontractor filed suit to foreclose its mechanics' lien. Although appellant was joined as a defendant in the action, it did not file a counterclaim to foreclose its own lien until well after two years from the date of completion of the project. Accordingly...

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