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YALE DEVELOPMENT CO. v. AURORA PIZZA HUT

No. 79-583.

95 Ill. App.3d 523 (1981)

420 N.E.2d 823

YALE DEVELOPMENT COMPANY, Plaintiff-Appellant and Cross-Appellee, v. AURORA PIZZA HUT, INC., Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed May 1, 1981.

Attorney(s) appearing for the Case

Gary L. Taylor, of Rathje, Woodward, Dyer & Burt, of Wheaton, for appellant.

Morton Siegel and Michael A. Moses, both of Chicago, for appellee.

Judgment reversed.

Mr. JUSTICE REINHARD delivered the opinion of the court:

This case involves an appeal and cross-appeal from a judgment against defendant, Aurora Pizza Hut, Inc., finding it breached a written contract but limiting plaintiff's recovery to $1,000 under the terms of a liquidated damage clause. The sole contention of plaintiff, Yale Development Co., on appeal is that the liquidated damages clause should not be enforced and that it should be...

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