Koester v. Huron Development Co.

Upon leave granted by this court, the plaintiff, John Koester, doing business as Paxton Concrete Products, appeals from a judgment of the Appellate Court for the Third District affirming an order of the circuit court of Champaign County which dismissed plaintiff’s complaint to foreclose a materialman’s lien. See: Koester v. Huron Development Co. 32 Ill. App. 2d 265.

The facts are not in dispute. Huron Development Company, the owner of certain real estate, contracted with George Day, a general contractor, to construct 75 homes on the property and Day, in turn, subcontracted with plaintiff to…