Barber-Colman Co. v. A & K Midwest Insulation Co.
Appellate Court of Illinois
1Opinion of the CourtJustice Chapman
Barber-Colman Company (Barber-Colman) filed a two-count complaint against the defendants on February 21, 1991. Count I alleged that A&K Midwest Insulation Company (A&K) breached its contract with Barber-Colman by refusing to pay for work performed. Count II was an action upon a bond posted on behalf of A&K by United States Fidelity & Guaranty Company (Guaranty Company).
Guaranty Company filed a section 2 — 619(5) motion (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 619(5)) to dismiss count II on the basis that it was untimely filed and attached two affidavits in support of its motion. The motion…
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- Urbaitis v. Commonwealth EdisonIllinois Supreme Court · 1991
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