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Bulley & Andrews, Inc. v. Symons Corp.

Illinois Appellate Court
323 N.E.2d 806 (1975)


Facts

Bulley & Andrews, Inc. (Bulley) (plaintiff) was a general contractor that entered a contract with Symons Corporation (Symons) (defendant) to build an addition to the Symons premises. Symons designed and manufactured concrete-forming equipment, which shapes wet concrete. The contract stated that Symons would supply Bulley with certain equipment from the Symons catalog for Bulley’s concrete work on the project, including tie rods and rustication strips. The copy of the Symons catalog attached to the contract featured both looped tie rods and threaded tie rods. Bulley typically used looped tie rods, but Symons supplied Bulley with threaded tie rods for this project. The Symons catalog did not even include the rustication strips Symons provided to Bulley. Bulley used the materials and never said anything to Symons about either the tie rods or the rustication strips while working on the project. After completing the project, however, Bulley submitted a claim to Symons to recover the additional expense caused by the tie rods and rustication strips Symons had given Bulley. Symons refused to pay, and Bulley sued. The trial court ruled for Symons. Bulley appealed.

Rule of Law

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Issue

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Holding and Reasoning (McGloon, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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