William Aupperle & Sons, Inc. v. American Indemnity Co.

This appeal arises out of a decision by the circuit court of Peoria County granting defendant American Indemnity Company’s motion to dismiss under section 48(1) (i) of the Illinois Civil Practice Act. The plaintiff, William Aupperle & Sons, Inc., argues before this court that the circuit court erred in allowing the motion to dismiss and further seeks relief by way of reversal.

On July 17, 1969, plaintiff entered into a written subcontract with Clyde Construction Company (hereinafter called Clyde) to furnish labor and materials for a four-apartment building complex in Peoria, Illinois, known as…