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EXCHANGE NAT'L BANK OF CHICAGO v. HELLER

No. 60479.

26 Ill. App.3d 675 (1975)

325 N.E.2d 328

EXCHANGE NATIONAL BANK OF CHICAGO, Plaintiff-Appellee, v. EUGENE HELLER et al., Defendants-Appellants.

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

February 14, 1975.

Attorney(s) appearing for the Case

George B. Collins and Richard T. Wimmer, both of Collins & Amos, of Chicago, for appellants.

Merwin S. Rosenberg and S. Albert Stern, both of Chicago (William Bronner, of counsel), for appellee.

Affirmed in part, reversed in part and remanded.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

Plaintiff sought a declaratory judgment to determine the rights of the parties under a lease of a furnished apartment building. The court held that a provision of the lease which declared a $30,000 security deposit to be nonreturnable imposed a condition that was too harsh to be enforced and ordered the apartment building returned to defendants and the...

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