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MADIGAN BROS. v. MELROSE SHOPPING CTR.

No. 1-89-1616.

198 Ill. App.3d 1083 (1990)

556 N.E.2d 730

MADIGAN BROTHERS, INC., Plaintiff-Appellant and Cross-Appellee, v. MELROSE SHOPPING CENTER COMPANY et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — First District (6th Division).

Opinion filed May 18, 1990.

Attorney(s) appearing for the Case

Fischel & Kahn, and Gary L. Prior, of McDermott, Will & Emery, both of Chicago (David L. Weinstein and David B. Bayless, of counsel), for appellant.

John Lally, of Chicago, for appellee Melrose Shopping Center Company.

Affirmed in part and reversed in part.

JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff, Madigan Brothers, Inc., sued for breach of contract when the roof collapsed from water damage at the premises leased from defendant, Winston Plaza Associates. Following a trial without a jury, the court awarded $2,610 in damages. Plaintiff appeals, contending that the lease's exculpatory provisions were without effect pursuant to section 1 of "An Act making...

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