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CONTACT LENSES UNLIMITED, INC. v. JOHNSON

No. 87-2468.

176 Ill. App.3d 875 (1988)

531 N.E.2d 928

CONTACT LENSES UNLIMITED, INC., Plaintiff, v. CARL R. JOHNSON et al., Defendants (Belle Goldstrich et al., Third-Party Plaintiffs-Appellants; Hallmark & Johnson Properties, Ltd., Third-Party Defendant-Appellee).

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

Opinion filed November 22, 1988.

Attorney(s) appearing for the Case

Alan P. Solow, Pamela McLean Meyerson, and Amy L. Bess, all of Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., of Chicago, for appellants.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (William G. Swindal, Stephen R. Swofford, and Kearney W. Kilens, of counsel), for appellee.

Reversed and remanded.

JUSTICE SCARIANO delivered the opinion of the court:

Third-party plaintiffs appeal the dismissal of their complaint seeking indemnity based upon an express indemnity agreement and on an agent-principal relationship, arguing that the trial court erred in ruling that they were seeking tort rather than contract damages.

Third-party defendants Hallmark & Johnson (Hallmark) manage a building owned by third-party plaintiffs (the...

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