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SCHEINFELD v. MUNTZ TV, INC.

Gen. No. 50,451.

67 Ill. App.2d 8 (1966)

214 N.E.2d 506

Sylvia R. Scheinfeld, et al., etc., Plaintiffs-Appellees, v. Muntz TV, Inc., a Delaware Corporation, Defendant-Appellant. Muntz TV, Inc., a Delaware Corporation, Plaintiff-Appellee, v. Breuer Electric Mfg. Co., an Illinois Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

January 13, 1966.

Attorney(s) appearing for the Case

Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (John J. Edman and Frank L. Winter, of counsel), for Muntz TV, Inc., defendant-appellant and plaintiff-appellee; Wilson & McIlvaine, of Chicago (Clarence E. Fox, George W. Thompson, and Charles R. Staley, of counsel), for Breuer Electric Mfg. Co., defendant-appellant.

Mitchell Edelson, of Chicago, for Sylvia R. Scheinfeld, et al., etc., plaintiffs-appellees; Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (John J. Edman and Frank L. Winter, of counsel), for Muntz TV, Inc., plaintiff-appellee, and defendant appellant.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

This case is a consolidation of two actions for unpaid rent. In the first a lessor confessed judgment against its lessee and in the second the lessee confessed judgment against its sublessee. The defendants in both actions appeal from the order denying their motions to open up the judgments. The principal issue is whether, within the framework of the following facts, the lessor had an obligation to mitigate damages...

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