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05/17/96 CANDICE COMPANY v. LAVON L. RICKETTS

May 17, 1996

CANDICE COMPANY, INC., AN ILLINOIS CORPORATION, PLAINTIFF-APPELLANT,
v.
LAVON L. RICKETTS, TRINA ANN MALONE, SHILA DWIVEDI, CHANDRA DWIVEDI, FIRST FEDERAL SAVINGS BANK OF PROVISO TOWNSHIP, CARL A. WILLIAMS, EARLENE HINES-WILLIAMS, MIDWEST FUNDING CORP., NORWEST MORTGAGE, INC., GREATER ILLINOIS TITLE CO., NONRECORD CLAIMANTS AND UNKNOWN OTHER OWNERS, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County. The Honorable Norman Sands, Judge Presiding.

The Honorable Justice Egan delivered the opinion of the court: Zwick, P.j., and McNAMARA, J., concur.

The opinion of the court was delivered by: Egan

The Honorable Justice EGAN delivered the opinion of the court:

The plaintiff, Candice Company, filed a complaint against the defendants to foreclose a mechanics lien it claimed against property at 1033 Marshall Avenue in Bellwood. Pursuant to the defendants' motion to dismiss, the judge dismissed all counts of the plaintiff's complaint with prejudice. On October 24, 1994, the judge denied the plaintiff's motion to reconsider this ruling.

According to the plaintiff's second-amended complaint, it is a corporation "engaged in the business of making loans for home repair, remodeling and construction." On August 6, 1992, defendants LaVon L. Ricketts and Trina Ann Malone entered into a contract with Father and Sons, Inc., to remodel the basement of 1033 Marshall. Father and Sons was a corporation in the business of home repairs, remodeling and construction. On September 16, 1992, Malone and Ricketts executed a written authorization for Father and Sons to perform extra work on the basement. At the time the contract and extra work authorization were executed, Shila and Chandra Dwivedi owned 1033 Marshall. The plaintiff alleged that Ricketts and Malone, who were leasing the premises, contracted with Father and Sons with the knowledge and authorization of the Dwivedis.

Father and Sons completed the work on the basement by October 16, 1992. The plaintiff became the "assignee of Father and Sons, Inc. Mechanic's Lien rights under the [August 6, 1992,] contract," and filed a lien claim with the Cook County Recorder of Deeds. The plaintiff sent copies of the lien claim to Ricketts and Malone. On July 30, 1993, the Dwivedis sold 1033 Marshall to defendants Carl A. Williams and Earlene Hines-Williams.

There were several exhibits to the plaintiff's second-amended complaint, including a copy of its lien claim. The lien claim stated in relevant part:

"The claimant, Candice Co. *** hereby files a claim for lien against LaVon L. Ricketts & Trina Ann Malone & any unknown other owners (hereinafter referred to as 'owner') ***.

That on August 6, 1992, the owner owned [1033 Marshall Avenue] ***.

***

That on August 6, 1992, the claimant made a contract with said owner LaVon L. Ricketts & Trina Ann Malone and any other unknown owners to remodel basement ***.

***

That said owner is entitled to credits *** [of] $1,000.00 *** leaving due, unpaid and owing to the claimant, after allowing all credits, the balance of Four Thousand Dollars *** for which, with interest, the ...


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