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STONE v. CITY OF ARCOLA

No. 4-88-0627.

181 Ill. App.3d 513 (1989)

536 N.E.2d 1329

E.R. STONE, d/b/a E.R. Stone Heavy Equipment Company, Plaintiff-Appellee, v. THE CITY OF ARCOLA, Defendant-Appellant and Counterplaintiff-Appellant (The First National Bank of Arcola, Defendant; E.R. Stone, d/b/a E.R. Stone Heavy Equipment Company, et al., Counterdefendants-Appellees).

Appellate Court of Illinois — Fourth District.

Opinion filed March 31, 1989.

Attorney(s) appearing for the Case

Emerson L. Moore, of Lemna, Moore & Carroll, of Tuscola, for appellant.

William A. Sunderman and Brian L. Bower, both of Brainard, Bower & Kramer, of Charleston, for appellee.

Judgment affirmed.

JUSTICE SPITZ delivered the opinion of the court:

This action was brought by plaintiff E.R. Stone, d/b/a Stone Heavy Equipment Company, against defendant City of Arcola (City) to recover monies held by defendant which plaintiff claims to be due to plaintiff under a construction contract. Plaintiff's two-count complaint alleges breach of contract (count I) and equitable restitution based on a theory of unjust enrichment and implied contract...

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