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COLLINS v. VILLAGE OF GLEN ELLYN

Gen. No. 11,228.

21 Ill. App.2d 373 (1959)

158 N.E.2d 89

Willis E. Collins, Glen Ellyn Building, Inc., James A. Wagoner, Theodore Prescott, Plaintiffs-Appellants, v. Village of Glen Ellyn, a Municipal Corporation, Normoyle and Berg Co., Defendants-Appellees.

Appellate Court of Illinois — Second District, First Division.

Released for publication May 18, 1959.

Attorney(s) appearing for the Case

Edgar J. Elliott, of Wheaton (Richard F. Locke, James A. Wagoner, of Glen Ellyn, of counsel) for appellants.

J. Edgar Kelly, of Chicago, for Village of Glen Ellyn, and Rathje & Woodward, of Wheaton, for Normoyle and Berg Co., appellees.

PRESIDING JUSTICE SPIVEY delivered the opinion of the court.

Plaintiffs, electors and taxpayers of the Village brought this suit for a judgment declaring that the contract between the Village and the defendant Normoyle and Berg Co., was void for want of a prior appropriation as required by Section 15-3, Chapter 24 of Illinois Revised Statutes 1955, and sought to enjoin the defendant Village from acting in any way under...

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