BARBER-COLMAN CO. v. A & K MIDWEST INSULATION CO.

No. 5-91-0387.

603 N.E.2d 1215 (1992)

236 Ill. App.3d 1065

177 Ill.Dec. 841

BARBER-COLMAN COMPANY, Plaintiff-Appellant, v. A & K MIDWEST INSULATION COMPANY, a/k/a A & K Midwest Insulation & S/M Co., a/k/a A & K Sheet Metal, a foreign corporation, and United States Fidelity and Guaranty Company, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

November 13, 1992.


Attorney(s) appearing for the Case

J.C. Mitchell and Stephen R. Green, Mitchell & Armstrong, Ltd., Marion, for plaintiff-appellant.

Edward J. Heller, Reed, Heller & Mansfield, Murphysboro, for defendants-appellees.


Justice CHAPMAN delivered the opinion of the court:

Barber-Colman Company (Barber-Colman) filed a two-count complaint against the defendants on February 21, 1991. Count I alleged that A & K Midwest Insulation Company (A & K) breached its contract with Barber-Colman by refusing to pay for work performed. Count II was an action upon a bond posted on behalf of A & K by United States Fidelity & Guaranty Company (Guaranty Company).

Guaranty Company...

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