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PRESBYTERIAN DIST. SERVICE v. CHGO. NAT. BANK

Gen. No. 48,050.

28 Ill. App.2d 147 (1960)

171 N.E.2d 86

Presbyterian Distribution Service, a Non-Profit Association for Distribution of Religious Literature, Plaintiff-Appellant, v. Chicago National Bank, Successor Trustee Under Trust No. 10460, and William Farnsworth, an Individual Doing Business as Harold H. Egan & Company, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied December 14, 1960.

Attorney(s) appearing for the Case

Yowell, Long, Macdonald & Yowell, of Chicago (John J. Yowell and G. Kent Yowell, of counsel) for appellant.

Harold A. Fein, of Chicago, for appellees.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from a decree in a suit by a lessee, seeking a declaratory judgment that its lease had terminated pursuant to the untenantability provision thereof and for other incidental relief. Lessor filed a counterclaim for rent, cost of repairs and attorneys' fees. The chancellor found for lessor, from which decree plaintiff has appealed.

Plaintiff is a voluntary unincorporated association...

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