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ZION INDUSTRIES, INC. v. LOY

No. 75-312.

46 Ill. App.3d 902 (1977)

361 N.E.2d 605

ZION INDUSTRIES, INC., Plaintiff and Counterdefendant-Appellant, Cross-Appellee, v. ALFRED J. LOY et al., d/b/a Arrow Moving and Storage Co., Defendants and Counterplaintiffs-Appellees, Cross-Appellants.

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

Supplemental opinion filed upon denial of rehearing April 20, 1977.

Attorney(s) appearing for the Case

Philip T. Powers and Burton X. Rosenberg, both of Rosenberg & Savner, of Chicago, for appellants.

Sullivan, Smith & Hauser, of Waukegan, for appellee.

Affirmed in part and reversed in part and remanded.

Mr. PRESIDING JUSTICE RECHENMACHER delivered the opinion of the court:

Zion Industries brought an action for rent against Phillip J. Haymaker and Alfred J. Loy, doing business as Arrow Moving and Storage Co. Haymaker was dismissed as a defendant and the defendant hereinafter will be referred to as Loy. Loy counterclaimed, alleging damages incurred as a result of Zion's failure to perform a covenant to repair...

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