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J.C. ELSE COAL CO. v. MILLER

Gen. No. 48,904.

45 Ill. App.2d 475 (1964)

196 N.E.2d 233

J.C. Else Coal Co., an Illinois Corporation, Plaintiff-Appellant, v. Miller and Banker, an Illinois Corporation, Catherine Ryan, Martha J. Dyck, Executor of the Estate of Maude T. Miller, Deceased, Martha J. Dyck, Franz W. Dyck and the County of Cook (of the State of Illinois), Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

January 23, 1964.

Attorney(s) appearing for the Case

Edward B. Lucius and Horace A. Young, both of Chicago (Edward G. Lucius, of counsel), for appellant.

Lyle & Havey, of Chicago (Edward T. Havey, of counsel), for appellees, Miller and Banker and Catherine Ryan. LeMoine D. Stitt, Jr., of Chicago, for appellees, Dyck. Daniel P. Ward, State's Attorney, of Chicago (Thomas A. Hett and Ronald Butler, Assistant State's Attorneys, of counsel), for appellee, County of Cook.

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

This suit involves multiple causes, defendants and orders. Plaintiff, J.C. Else Coal Company, was in need of a place in which to conduct its coal business. Miller and Banker, defendant, which was also in the coal business, occupied premises at 6543 Wentworth Avenue, Chicago, Illinois, under a lease which prohibited subleasing without the written consent of the lessors. It entered into a contract with...

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