GREENLEE FOUNDRIES, INC. v. KUSSEL

No. 58273.

13 Ill. App.3d 611 (1973)

301 N.E.2d 106

GREENLEE FOUNDRIES, INC., Plaintiff-Appellee, v. RICHARD J. KUSSEL et al., Defendants-Appellants.

Appellate Court of Illinois — First District (2nd Division).

July 17, 1973.


Attorney(s) appearing for the Case

David K. Anderson, of Skokie, for appellants.

Finn, Van Mell & Penney, of Chicago, (Norton L. Penney, of counsel,) for appellee.


Judgment affirmed.

Mr. JUSTICE DOWNING delivered the opinion of the court:

Plaintiff brought actions against defendants in the circuit court of Cook County to recover damages occasioned by defendants' alleged violations of lease provisions, for whose performance plaintiff was responsible as a guarantor of defendants' obligations under the lease. Defendants filed answers and an affirmative defense of impossibility of performance by reason of commercial frustration...

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