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PEIRCE v. CONANT

Gen. No. 49,088.

47 Ill. App.2d 294 (1964)

198 N.E.2d 555

Charles P. Peirce and Lucille K. Peirce, Plaintiffs-Appellees, v. Howard R. Conant, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

March 26, 1964.

Attorney(s) appearing for the Case

Shaffer, Seelig, Mandel & Shapiro, and Edward W. Barrett and Robert A. Sprecher, all of Chicago, for appellant.

Raymond I. Suekoff, of Chicago (Avern B. Scolnik, of counsel), for appellees.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

This is an appeal from a summary judgment against the defendant as guarantor of the performance of lessees of the covenants of a lease. The judgment comprises defaults in the payment of rent, taxes and interest. The principal issue is whether the alleged defense of a surrender of the premises by the lessees and the acceptance thereof by the plaintiffs-lessors, thereby discharging the lessees from the performance...

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