John Kubinski & Sons, Inc. v. Dockside Development Corp.

The plaintiff-counter-defendant, • John Kubinski & Sons, Inc. (Kubinski), is an excavating contractor which -entered into a written, agreement on February 1, 1968, with the defendant, Dockside Development Corporation (Dockside), to excavate a slip at Lake Calumet Harbor. The plaintiff filed a complaint for breach of that written' agreement; the defendant filed a counterclaim against the plaintiff for breach of the contract and against the plaintiff and its surety, Reserve Insurance Company (Reserve) for breach of the performance bond. The trial court entered judgment for the plaintiff,…