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WISTAIN v. PHILLIPS PETROLEUM CO.

Gen. No. 45,860.

349 Ill. App. 365 (1953)

110 N.E.2d 649

Elsie F. Wistain and L.O. Wistain, Plaintiffs-Appellants, v. Phillips Petroleum Company, and Otto Schultz, Defendants-Appellees.

Appellate Court of Illinois.

Released for publication February 26, 1953.

Attorney(s) appearing for the Case

OPLATKA, PAVEK & OPLATKA, of Berwyn for appellants.

SIDLEY, AUSTIN, BURGESS & SMITH, of Chicago, for appellees; HOWARD P. ROBINSON, and JAMES W. KISSEL, both of Chicago, of counsel.

MR. JUSTICE KILEY delivered the opinion of the court.

This is a forcible detainer action to gain possession of the premises located at the southeast corner of 34th Street and South Harlem Avenue, Berwyn, Illinois. The court denied motion of plaintiffs for summary judgment, and upon the pleadings found for the defendants, and dismissed the suit. Plaintiffs have appealed.

Plaintiffs and the Phillips Company made a 5-year written lease in August 1942. The lease...

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