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PAUL H. SCHWENDENER, INC. v. LARRABEE COMMONS

No. 1-01-0618.

787 N.E.2d 192 (2003)

338 Ill. App.3d 19

272 Ill.Dec. 377

PAUL H. SCHWENDENER, INC., Plaintiff and Counterdefendant-Appellant, v. LARRABEE COMMONS PARTNERS, an Illinois Limited Partnership, as Sole Beneficiary of LaSalle National Bank Trust No. 111955, Dated March 16, 1987; Horwitz Matthews, Inc., an Illinois Corporation; Tem Horwitz, and Lasalle National Bank, as Trustee Under Trust Agreement No. 111955, Defendants and Counterplaintiffs-Appellees.

Appellate Court of Illinois, First District, First Division.

March 10, 2003.

Attorney(s) appearing for the Case

Ungaretti & Harris, Chicago (J. Timothy Eaton, of counsel); Shefsky & Froelich (Brian J. Crowe, Jack Hagerty and Patricia S. Spratt, of counsel); Friedman & Holtz, P.C. (Gregory A. Friedman and Paula K. Maguire, of counsel), Chicago, for Appellant.

Novoselsky Law Offices, Chicago (David A. Novoselsky, of counsel); Bellas and Wachowski, P.C., Park Ridge (George S. Bellas, of counsel); Kevin M. Forde, Ltd., Chicago (Kevin M. Forde, of counsel), for Appellees.

Justice McNULTY delivered the opinion of the court:

Paul H. Schwendener, Inc. (PHS), sued Larrabee Commons Partners (LCP) for breach of a construction contract. LCP countersued and demanded a jury trial. Years later, on the eve of trial, LCP withdrew its jury demand. PHS promptly filed its own demand for a jury trial on the counterclaim and on the complaint. The court denied the jury demand. After a bench trial the court entered judgment in favor of LCP. We reverse...

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