Riemer Bros., Inc. v. Marlis Constr. Co.

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

This is the second appeal based upon the meaning of the language in an earth moving contract:

“Import, grade and compact clay fill *2.75 cu yd.”

In the original suit filed by the fill contractor the trial court in a bench trial awarded Riemer Bros. *20,809.24 as the balance due, a judgment which we reversed on appeal and remanded for a new trial. (Riemer Bros., Inc. v. Marlis Construction Co., 37 Ill. App. 3d 842 (1976).) Following a bench trial on remand judgment was entered in favor of Riemer Bros, for *26,386.25 and the land…