Paul H. Schwendener, Inc. v. Larrabee Commons Partners

Paul H. Schwendener, Inc. (PHS), sued Larrabee Commons Partners (LCP) for breach of a construction contract. LCP counter-sued and demanded a jury trial. Years later, on the eve of trial, LCP withdrew its jury demand. PHS promptly filed its own demand for a jury trial on the counterclaim and on the complaint. The court denied the jury demand. After a bench trial the court entered judgment in favor of LCP We reverse and remand because section 2 — 1105 of the Civil Practice Law (735 ILCS 5/2 — 1105 (West 1998)) protects the counterdefendant’s right to demand a jury once the counterplaintiff…