ELIZONDO v. MEDINA

No. 80-2427.

100 Ill. App.3d 718 (1981)

427 N.E.2d 381

ANITA ELIZONDO, Plaintiff-Appellee, v. ELUTERIO MEDINA, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed October 1, 1981.


Attorney(s) appearing for the Case

Manuel Reyes, of Reyes, Lopez, Villalobos and Velarde, of Chicago, for appellant.

Gary W. Swenson, of Chicago, for appellee.


Judgment affirmed.

Mr. JUSTICE LINN delivered the opinion of the court:

Defendant appeals from an order denying his post-trial motion to set aside a judgment for plaintiff in a forcible entry and detainer action involving commercial premises. The court awarded plaintiff possession, $800 rent and costs.

On appeal, defendant contends (1) there was a fatal variance between the pleadings and the proof since plaintiff originally sought $900 in damages for...

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