32 N.E.2d 659

Lawrence Fodge and A. W. Baumgartner, Trading as Aball Wrecking Company, v. Board of Education of the Village of Oak Park, District 97 et al. L. J. Bullivant, Trading as Bullivant Plastering Company, Appellant, v. Fidelity and Deposit Company of Maryland, Appellee.

Gen. No. 40,962. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 11, 1941 Rehearing denied March 27, 1941

The facts and the law in this case are controlled by those in the case of Fodge v. Board of Education of Village of Oak Park, 309 Ill. App. 109.

Page 138

Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.

Judgment reversed and cause remanded with directions. Heard in second division, first district, this court at October, term, 1939.

Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellant. David Levinson and Frank C. Bernard, of counsel;

Dent, Weichelt Hampton, for appellee;

Opinion by JUSTICE JOHN J. SULLIVAN.

“Not to be published in full.” Opinion filed March 11, 1941; rehearing denied March 27, 1941.

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