Joseph W. O'Brien Co. v. Highland Lake Construction Co.

This is an appeal from an order of the Circuit Court of Cook County granting the plaintiffs’ motion for summary judgment.

The plaintiffs, Joseph W. O’Brien Company and Thomas M. Madden Co., formed a joint venture for the purpose of constructing a portion of the Dan Ryan Expressway in Chicago. In June, 1967, plaintiffs entered into a subcontract with the defendants, who are identified in the contract as “a partnership of the Highland Lake Construction Company, Inc., and Mr. Loren Scott”, by the terms of which the defendants undertook a portion of the construction.

In June, 1968, plaintiffs filed…