Westmore Supply Co. v. Frum

• Decision Date: 03 December 1942
• Docket Number: Gen. No. 9798.
• Citation: 316 Ill.App. 306,44 N.E.2d 949
• Court: United States Appellate Court of Illinois
• Parties: WESTMORE SUPPLY CO. v. FRUM ET AL. CHICAGO TITLE & TRUST CO. v. WESTMORE SUPPLY CO. YOUNGBERG, COUNTY TREASURER, ET AL. v. KUENZEL & FRYE.

316 Ill.App. 306

44 N.E.2d 949

WESTMORE SUPPLY CO.

v.FRUM ET AL.

CHICAGO TITLE & TRUST CO.

v.WESTMORE SUPPLY CO.

YOUNGBERG, COUNTY TREASURER, ET AL.

v.KUENZEL & FRYE.

Gen. No. 9798.

Appellate Court of Illinois, Second District.

Sept. 17, 1942.

As Modified on Denial of Rehearing Dec. 3, 1942.

Appeal from Circuit Court, Du Page County; Win G. Knoch, Judge.

Suit by the Westmore Supply Company against Eugene L. Frum and others to foreclose a mechanic's lien, wherein the Chicago Title and Trust Company filed a cross-bill to foreclose a trust deed. Walter R. Youngberg, county treasurer, as receiver of the premises filed a petition against Kuenzel & Frye, a corporation, and lessees of the premises and others to determine ownership and character of certain equipment installed in the building, and wherein the tenants filed a cross-petition alleging ownership of such equipment. From a decree adjudging the owners of the premises to be owners of the equipment, and dismissing the cross-petition, the tenants appeal.

Reversed and remanded with directions. Newhall & Givler, of Aurora, and George F. Featherstone, Jr., of Villa Park, for appellants.

Gordon Moffett, of Naperville, and John W. Leedle and Lee E. Daniels, both of Wheaton, for appellees.

DOVE, Justice.

(Publish abstract only.)