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MIDWEST DECKS v. BUTLER & BARETZ

No. 1-93-3177.

649 N.E.2d 511 (1995)

272 Ill.App.3d 370

208 Ill.Dec. 455

MIDWEST DECKS, INC., Plaintiff, v. BUTLER & BARETZ ACQUISITIONS, INC., et al., Defendants. (Lloyd J. Baretz, Intervening Plaintiff-Appellant; Midwest Decks, Inc., Plaintiff and Intervened Defendant-Appellee).

Appellate Court of Illinois, First District, Second Division.

April 18, 1995.

Attorney(s) appearing for the Case

Schuyler, Roche & Zwirner, P.C., Chicago, (Richard S. Weinberg, Michael F. Braun, of counsel), for intervening-plaintiff, appellant.

Law Offices of Peter B. Canalia, Lansing, (William P. Drew, III, of counsel), for appellee Chillicothe Supply Co.

Presiding Justice SCARIANO delivered the opinion of the court:

On April 2, 1992, plaintiff Midwest Decks, Inc. (Midwest) and defendant Butler & Baretz Acquisition, Inc., d/b/a Mid-America Decks, Inc. (Butler & Baretz), executed an "Asset Purchase Agreement" (the purchase agreement) for the bulk sale of Midwest's assets. Butler & Baretz agreed to pay a total of $232,000 in four installments, the first of which was $82,000, due at the time of closing. Section...

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