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SALISBURY PLUMBING & HEATING v. CARPENTER

No. 5-83-0557.

131 Ill. App.3d 829 (1985)

476 N.E.2d 15

SALISBURY PLUMBING & HEATING COMPANY, Plaintiff and Counter-defendant-Appellant and Third-Party Plaintiff-Appellee, v. KENNETH C. CARPENTER et al., Defendants and Counterplaintiffs-Appellees (Fred McGilvray, Inc., Third-Party Defendant-Appellant).

Appellate Court of Illinois — Fifth District.

Rehearing denied April 2, 1985.

Attorney(s) appearing for the Case

John F. Schlafly, of Alton, for appellant Fred McGilvray, Inc.

R. Edward Veltman, Jr., of Crain, Cooksey, Veltman & Pursell, Ltd., of Centralia, for appellee Salisbury Plumbing & Heating Co.

Richard A. Cary, of Wham & Wham, of Centralia, for other appellees.

Affirmed in part and reversed in part.

JUSTICE KASSERMAN delivered the opinion of the court:

This suit involves a disputed construction contract involving three parties: Kenneth C. and Barbara Carpenter (Carpenter); Salisbury Plumbing and Heating Company (Salisbury), an Illinois corporation; and Fred McGilvray, Inc. (McGilvray), a Florida corporation.

On May 5, 1977, Carpenter entered into a contract with Salisbury in which Salisbury agreed to install...

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