(DOWNLOAD) "Cundiff v. Unsicker" by And Reversed In Part And Remanded Illinois Appellate Court — Third District Affirmed In Part " Book PDF Kindle ePub Free
eBook details
- Title: Cundiff v. Unsicker
- Author : And Reversed In Part And Remanded Illinois Appellate Court — Third District Affirmed In Part
- Release Date : January 19, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Page 262 Plaintiffs, W.E. Erickson Construction, Inc., and Wilbert E. Erickson (jointly Erickson) brought this action to recover a sum allegedly due under a contract entered into with defendants, Congress-Kenilworth Corporation, James Adams and John Stafford (jointly C-K) for the construction of a concrete water slide, known as "Thunder Mountain Rapids" in Crestwood. C-K filed a counterclaim for damages, among other things, for construction defects. Following a bench trial, judgment was rendered for Erickson on count II of its amended complaint (breach of contract) in the amount of $202,000. The remaining counts I and III (preliminary injunction/appointment of receiver), IV (account stated), V (quantum meruit) and VI (accord and satisfaction) of Ericksons amended complaint and C-Ks counterclaim were dismissed for want of equity. The trial court also awarded attorney fees to C-K from a fund held by the receiver, which previously had been appointed. Erickson appeals from the award of damages, the dismissal of counts I, III, IV, V and VI of its amended complaint and the award of attorney fees to C-K. C-K filed a cross-appeal which it has not pursued in this appeal.
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