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MILLER v. RACINE TRUST

No. 77-706.

65 Ill. App.3d 207 (1978)

382 N.E.2d 41

ARNOLD MILLER, d/b/a Miller Roof Company, Plaintiff-Appellee, v. RACINE TRUST et al., Defendants-Appellants.

Appellate Court of Illinois — First District (1st Division).

Opinion filed September 18, 1978.

Attorney(s) appearing for the Case

Merwin Rosenberg, Robert B. Terry, and Lane & Terry, all of Wilmette, for appellants.

Kwiatt & Silverman, Ltd., of Chicago (Michael Silverman and Stephen E. Ford, of counsel), for appellee.

Reversed in part and reversed and remanded in part.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Plaintiff, Arnold Miller, d/b/a Miller Roof Company, entered into a contract with defendant, Racine Trust, to repair for $22,875 a leaking roof on a building owned by defendant in Racine, Wisconsin. Despite the repair work, the roof continued to leak and defendant refused to pay. Plaintiff, alleging full performance by him, filed suit against defendant...

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