Midwest Utility Co. v. Chicago Title & Trust Co.

Plaintiff Midwest Utility Company, Inc. (Midwest) sued to foreclose a mechanic’s hen to recover the unpaid contract price of a water treatment system it built for defendant Intercontinental Food Industries, Inc. (IFI), and for attorneys’ fees under the contract. IFI counterclaimed for the amount paid Midwest, alleging breach of contract by Midwest.1

After a bench trial, the court entered judgment for plaintiff for the unpaid balance, with interest, and for attorneys’ fees. Defendant’s counterclaim was dismissed.

Defendant appeals, raising four issues: (1) whether plaintiff introduced any…