FOLK v. CENTRAL NAT. BANK & TRUST CO.

No. 2-90-0025.

567 N.E.2d 1 (1990)

210 Ill. App.3d 43

153 Ill.Dec. 286

Randy FOLK, d/b/a Folk Blacktop Concrete Construction, Plaintiff and Counterdefendant-Appellee, v. CENTRAL NATIONAL BANK & TRUST COMPANY OF ROCKFORD, n/k/a United Bank of Illinois, as Trustee, et al., Defendants (Byron Dragway, Inc., Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois, Second District.

As Modified on Denial of Rehearing March 7, 1991.


Attorney(s) appearing for the Case

William P. Fearer, II and Elizabeth A. Hegel, Fearer, Nye, Ahlberg & Chadwick, Oregon, for Byron Dragway, Inc.

David A. Smith and Robert T. Hanson, Moehle, Smith & Nieman, Oregon, for Randy Folk (Folk Blacktop Concrete Const.).

Lisa A. Treviranus and Richard A. Palmer, Ward, Murray, Pace & Johnson, P.C., Sterling, for Oregon Stone, Inc.

William E. Schirger, J. Mark Doherty, Williams & McCarthy, Rockford, Richard A. Palmer, Ward, Murray, Pace & Johnson, P.C., Sterling, Thomas D. Luchetti, Rockford, for Central Nat. Bank of Rockford.


MODIFIED OPINION UPON DENIAL OF REHEARING

Justice WOODWARD delivered the opinion of the court:

Defendant, Byron Dragway, Inc., appeals from a judgment of the circuit court of Ogle County, wherein it found that plaintiff, Randy Folk, d/b/a Folk Blacktop Concrete Construction, had substantially performed its contract with defendant and, thus, ordered the enforcement of plaintiffs mechanic's lien. On appeal, defendant, Byron Dragway, raises two issues, namely...

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