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PHIL. & ARNOLD, INC. v. BORGSMILLER, INC.

No. 5-83-0378.

123 Ill. App.3d 95 (1984)

462 N.E.2d 924

PHILLIPS AND ARNOLD, INC., Plaintiff-Appellant, v. FREDERICK J. BORGSMILLER, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed April 10, 1984.

Attorney(s) appearing for the Case

Kimmel, Huffman, Prosser & Kimmel, Ltd., of Carbondale, for appellant.

Wolff, Jones, Lawder & Elmore, of Murphysboro, for appellee.

Judgment reversed.

JUSTICE JONES delivered the opinion of the court:

The plaintiff, Phillips and Arnold, Inc., brought an action in the trial court to recover $15,000 on a contract for $30,000 between plaintiff and the defendants, Frederick J. Borgsmiller and Frederick J. Borgsmiller, Inc. The defendant Frederick J. Borgsmiller was a shareholder of the defendant corporation, which was dissolved shortly before suit was brought. Following a bench trial the court...

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