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DOWNES SWIM. POOL, INC. v. NORTH SHORE NAT'L BANK

No. 83-1634.

124 Ill. App.3d 457 (1984)

464 N.E.2d 761

DOWNES SWIMMING POOL, INC., Plaintiff-Appellant, v. NORTH SHORE NATIONAL BANK, Trustee, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed May 18, 1984.

Attorney(s) appearing for the Case

Emalfarb & Goble, of Northbrook (Roger C. Goble, of counsel), for appellant.

Selwyn Zun, Robert W. Gettleman, and James A. Geocaris, all of Chicago (D'Ancona & Pflaum, of counsel), for appellees.

Judgment affirmed.

JUSTICE SULLIVAN delivered the opinion of the court:

Plaintiff appeals from a judgment for defendant J. Roderick MacArthur (MacArthur) on his counterclaim for the cost of completing and repairing a swimming pool partly constructed by it, contending that (a) having breached the contract by wrongfully terminating it, MacArthur was not entitled to a setoff for the cost of completing the pool...

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