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WEYDERT HOMES, INC. v. KAMMES

No. 2-08-0768.

917 N.E.2d 64 (2009)

334 Ill.Dec. 467

WEYDERT HOMES, INC., Plaintiff-Appellant, v. Rickey A. KAMMES, Individually and as Trustee of the Rickey A. Kammes Living Trust, Dated August 17, 2005, Defendant-Appellee (MidAmerica Bank, FSB; Stock Building Supply Brown County, Wisconsin; RJS Concrete Construction, Inc.; Construction Debris Removal, LLC; Unknown Necessary Parties; and Unknown Owners, Defendants).

Appellate Court of Illinois, Second District.

September 30, 2009.

Attorney(s) appearing for the Case

Jeffrey A. Meyer, Smith & Tucker LLC, Sycamore, IL, for Appellant.

Patrick L. Edgerton, Edgerton & Edgerton, West Chicago, IL, for Appellee.

Presiding Justice ZENOFF delivered the opinion of the court:

Plaintiff, Weydert Homes, Inc., appeals from an order dismissing its complaint to foreclose a mechanic's lien, for breach of contract, and for quantum meruit. We affirm in part, reverse in part, and remand for further proceedings.

FACTS

On January 11, 2007, plaintiff entered into a written contract with defendant Rickey A. Kammes in which plaintiff, as the general contractor, agreed...

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