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LA SALLE NAT. BANK v. LITTLE BILL "33" FLAVORS

Gen. No. M-51,385.

80 Ill. App.2d 298 (1967)

225 N.E.2d 465

La Salle National Bank, as Trustee Under Trust No. 24200 Dated March 1, 1960, Plaintiff-Appellee, v. Little Bill "33" Flavors Stores, Inc., Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied March 23, 1967.

Attorney(s) appearing for the Case

Robert D. Banzuly, of Chicago, for appellant.

Carey, Filter, Murray & White, of Chicago, for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

The defendant, Little Bill "33" Flavors Stores, leased a store from the plaintiff, La Salle National Bank, for a term of five years. After the expiration of two years there was an arrearage in rent and the defendant was served with a landlord's five-day notice. The notice recited that if the rent then due was not paid before five days the lease would be terminated. A year later the

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