eBook details
- Title: In Re Marriage of Yakin
- Author : Illinois Appellate Court — First District (5Th Division) Judgment Affirmed As Modified
- Release Date : January 07, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
The plaintiff brought this action pursuant to "An Act in relation to bonds of contractors entering into contracts for public construction" (the Act) (Ill. Rev. Stat. 1981, ch. 29, pars. 15, 16), demanding relief from Christy-Foltz, Inc., as principal and contractor, and St. Paul Fire & Marine Insurance Company, as surety upon a performance and payment bond. Upon defendants motions, Judge Hendrian dismissed the cause of action with prejudice after finding that the plaintiff failed to allege the defendants failure to perform the contract with Decatur Housing Authority (Authority) or under the terms of the payment and performance bond and, further, was estopped from doing so by the prior judicial determination and dismissal, with prejudice, pursuant to stipulation in cause No. 82-LM-413, entitled Page 1079 Harlan E. Moore & Company, Inc. v. Christy-Foltz, Inc. and Floors, Inc. Plaintiff appeals the judgment of the circuit of Macon County. We reverse.