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BEM I, L.L.C. v. ANTHROPOLOGIE, INC.

No. 01-1679.

301 F.3d 548 (2002)

BEM I, L.L.C., Plaintiff-Appellant, v. ANTHROPOLOGIE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2002.

Attorney(s) appearing for the Case

James A. Flesch (argued), Don E. Glickman, Gordon, Glickman, Flesch & Woody, Chicago, IL, for Plaintiff-Appellant.

Frederic R. Klein (argued), Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Chicago, IL, for Defendant-Appellee.

Before: POSNER, MANION, and KANNE, Circuit Judges.

POSNER, Circuit Judge.

Anthropologie, a chain of pricey retail clothing stores, wanted to open a store in the wealthy Chicago suburb of Highland Park. So in 1996 it leased 13,000 square feet in a building, owned by BEM, that was under construction. The lease was to run for 10 years, at an annual rental of almost a quarter of a million dollars. Under the terms of the lease, Anthropologie's obligation to pay rent did not arise until 90 days after "substantial completion...

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