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MICHIGAN AVENUE NAT'L BK. v. EVANS, INC.

No. 87-2371.

176 Ill. App.3d 1047 (1988)

531 N.E.2d 872

MICHIGAN AVENUE NATIONAL BANK, OF CHICAGO, as Conservator of John Carlisle Stumer, Incompetent, et al., Plaintiffs and Counterdefendants and Appellees-Cross-Appellants, v. EVANS, INCORPORATED, Defendant and Counterplaintiff and Appellant-Cross-Appellee.

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

Opinion filed November 15, 1988.

Attorney(s) appearing for the Case

Arvey, Hodes, Costello & Burman, of Chicago (Irwin I. Zatz and Edwin A. Wahlen, of counsel), for appellant.

Gardner, Carton & Douglas, of Chicago (Michael P. Padden and Mary Beth Cyze, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE EGAN delivered the opinion of the court:

The plaintiffs filed a declaratory judgment action against the defendant, Evans, Incorporated, for construction of a lease executed in 1978 on a store located in the City of Chicago (the Store). In substance, the plaintiffs-lessors claimed that the lease provided that the defendant-lessee was to pay rent based...

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