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KOHENN v. PLANTATION BAKING CO.

No. 58808.

32 Ill. App.3d 231 (1975)

336 N.E.2d 491

JULES J. KOHENN, Plaintiff and Counterdefendant-Appellee, v. PLANTATION BAKING COMPANY, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois — First District (5th Division).

September 12, 1975.

Attorney(s) appearing for the Case

Much, Shelist, Freed, Denenberg & Ament, P.C., of Chicago (Michael J. Freed and Steven E. Wollack, of counsel), for appellant.

Biestek & Associates, of Arlington Heights, for appellee.

Reversed in part and affirmed in part.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Defendant appeals from a judgment awarding plaintiff damages for breach of a real estate sale contract and from denial of its counterclaim for breach of the same contract. It contends that the trial court erred because: (1) the factory building was not materially and incurably damaged; (2) the "time is of the essence" provision in the contract was waived; and (3)...

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