Rochelle Bldg. Co. v. Oak Park Trust & Savings Bank

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

This is an appeal by Vincent DiVito from the dismissal of a counterclaim filed by him in the above captioned case.

DiVito, a subcontractor, was not paid for the labor and the material he furnished in the construction of an apartment building. His work was completed in March 1965 and in May of the same year he filed a claim for $1,336.-84 with the Recorder of Deeds of Cook County. He did nothing further to collect his debt until he was served by publication in the present suit—a foreclosure suit involving the same apartment…