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SMITH v. ROBERTS

No. 14307.

370 N.E.2d 271 (1977)

54 Ill. App.3d 910

12 Ill.Dec. 648

Samuel B. SMITH and Amy E. Smith, Plaintiffs-Counter Defendants-Appellants, v. Richard A. ROBERTS, Executor of the Estate of Joseph C. Roberts, Deceased, Abe A. Roberts, Richard A. Roberts and James H. Roberts, d/b/a Roberts Brothers, Defendants-Counter Plaintiffs-Appellees.

Appellate Court of Illinois, Fourth District.

November 30, 1977.

Attorney(s) appearing for the Case

J. H. Weiner, Michael J. Costello, Springfield, for plaintiffs-counter defendants-appellants.

R. G. Heckenkamp, Heckenkamp & Fuiten, Springfield, for defendants-counter plaintiffs-appellees.

MILLS, Justice.

We have here a lease.

And with it we have the doctrine of commercial frustration.

The trial judge held that the doctrine applied and that the lease was terminated thereby.

He was right. We affirm.

The Smiths and Roberts Brothers entered into a lease agreement for the rental of the first floor and basement of property located in Springfield at 111-113 North Sixth Street. Roberts Brothers was already operating a men's...

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