CONSTRUX OF ILLINOIS, INC. v. KAISERMAN

No. 4-03-0136.

800 N.E.2d 1267 (2003)

345 Ill. App.3d 847

279 Ill.Dec. 684

CONSTRUX OF ILLINOIS, INC., an Illinois Corporation, Plaintiff-Appellee, v. Bette KAISERMAN, Individually, as Successor Trustee of the Louis Kaiserman Trust and as Trustee as to an Undivided 1/3 Interest in Parcel I by Reason of Her Being Grantee in Warranty Deed Recorded as Document No. 89H030864; Donald L. Kaiserman; Herbert A. Kaiserman, Individually and in His Capacity as Grantee in Warranty Deed Recorded as Document No. 91019189 as to Parcel I; Unknown Trustee or Successor Trustee of the Residuary Trust as Created by Item Fourth of the Last Will and Testament of Morris Kaiserman, Deceased; John H. Shipley; General Electric Capital Corporation; United States of America; Rochester State Bank; Bank One, Springfield, f/k/a Springfield Marine Bank and Marine Bank of Springfield, as Successor Trustee as Noted in Item "Second," Paragraph (C), of the First Codicil as to the Last Will and Testament of Morris Kaiserman, Deceased; and Unknown Owners And Nonrecord Claimants, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Decided December 10, 2003.


Attorney(s) appearing for the Case

Carl O. Hoffee (argued), Matthew J. Cate, Barber, Segatto, Hoffee & Hines, Springfield, for Bette Kaiserman.

Jon Gray Noll (argued), Noll Law Office, Springfield, for Construx of Illinois, Inc.


Justice STEIGMANN delivered the opinion of the court:

In December 1999, plaintiff, Construx of Illinois, Inc. (Construx), sought to foreclose and enforce a mechanic's lien against property located at 302, 304, and 306 East Washington Street in Springfield (subject property). In May 1999, when Construx entered into an agreement with John Shipley to make certain improvements to the building located on the subject property, the property was under an installment sale...

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