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ALLSOPP SAND & GRAVEL, INC. v. LINCOLN S. & G. CO.

No. 4-87-0731.

171 Ill. App.3d 532 (1988)

525 N.E.2d 1185

ALLSOPP SAND & GRAVEL, INC., Plaintiff-Appellee, v. LINCOLN SAND & GRAVEL COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed June 30, 1988.

Attorney(s) appearing for the Case

Harris & Harris, of Lincoln, for appellant.

William O. Martin, Jr., Darrell A. Woolums, and Martin D. Hoke, all of Samuels, Miller, Schroeder, Jackson & Sly, of Decatur, for appellee.

Order reversed.

JUSTICE KNECHT delivered the opinion of the court:

Plaintiff Allsopp Sand and Gravel, Inc. (Allsopp), filed suit in the circuit court of Logan County alleging defendant, Lincoln Sand and Gravel Company (Lincoln), failed to pay for the balance of sand due under an existing contract. The trial court rendered a verdict for Allsopp and entered judgment against Lincoln in the amount of $45,240.36. Lincoln appeals and we reverse.

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