BYRON COM. UNIT SCHOOL v. DUNHAM-BUSH

No. 2-90-0388.

574 N.E.2d 1383 (1991)

215 Ill. App.3d 343

158 Ill.Dec. 990

BYRON COMMUNITY UNIT SCHOOL NO. 226, Plaintiff-Appellee, v. DUNHAM-BUSH, INC., Defendant-Appellant, Unteed, Scaggs, Nelson, Ltd., and Buchanan, Bellows, and Associates, Ltd., Defendants).

Appellate Court of Illinois, Second District.

July 3, 1991.


Attorney(s) appearing for the Case

Douglas P. Roller, Rooks, Pitts & Poust, Daniel J. Klier, Chicago, for Dunham-Bush, Inc., Unteed, Scaggs, Nelson, and Buchanan, Bellows, Assoc.

Michael J. Foley, Lorence H. Slutzky, Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, Moehle, Smith & Nieman, P.C., Oregon, Geoffrey G. Gilbert, McBride, Baker & Coles, Chicago, for Byron Community Unit School.

Thomas H. Boswell, Thomas & Hinshaw Culbertson, Rockford, Lisa A. Treviranus, Ward, Murray, Pace & Johnson, P.C., Sterling, Stephen C. Pemberton, Williams & McCarthy, Oregon, for appellee.


Justice BOWMAN delivered the opinion of the court:

Plaintiff, Byron Community Unit School District No. 226 (Byron), brought this action against defendant, Dunham-Bush, Inc. (Dunham), for various breach of warranty and breach of contract claims. Appeal was allowed pursuant to Supreme Court Rule 308 (134 Ill.2d R. 308) after a motion for summary judgment by Dunham was denied. We affirm.

The pleadings and exhibits reveal the following sequence of events. Dunham...

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