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DELANEY ELEC. CO., INC. v. SCHIESSLE

No. 1-91-1124.

601 N.E.2d 978 (1992)

235 Ill. App.3d 258

176 Ill.Dec. 280

DELANEY ELECTRIC CO., INC., Plaintiff-Appellee, v. Michael SCHIESSLE, as Holder of Trust No. 9 Dated July 9, 1985, et al., Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

September 8, 1992.

Attorney(s) appearing for the Case

Burke, Wilson & McIlvaine, Chicago, for defendant-appellant (Michael F. Csar, Timothy S. Harris, of counsel).

Emalfarb, Swan & Bain, Highland Park, for plaintiff-appellee (Peter G. Swan, of counsel).

Justice SCARIANO delivered the opinion of the court:

Defendant Michael Schiessle (Schiessle), trustee of a land trust, appeals from the order of the circuit court granting summary judgment in favor of plaintiff Delaney Electric Company (Delaney) as to count I of its complaint, thereby foreclosing its mechanic's lien.

On September 19, 1987, Delaney as "contractor" entered into an AIA standard form "small construction contract" with Schiessle as "owner" to complete...

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