D.E. Wright Electric, Inc. v. Henry Ross Construction Co.

PRESIDING JUSTICE WELCH

delivered the opinion of the court:

Plaintiff, D.E. Wright Electric, Inc., appeals from the dismissal with prejudice of its complaint against defendant, Henry Ross Construction Company, Inc., by the circuit court of Jackson County on November 20, 1987. For the reasons which follow, we reverse the order of the circuit court and remand this cause with directions.

Plaintiff filed its complaint in the circuit court of St. Clair County on May 24, 1976. The action was brought under section 28 of the Mechanics’ Liens Act (Ill. Rev. Stat. 1975, ch. 82, par. 28), against the owner…