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CHICAGO TITLE AND TR. CO. v. BASKIN CLOTHING CO.

No. 1-89-1766.

579 N.E.2d 1045 (1991)

219 Ill. App.3d 726

162 Ill.Dec. 231

CHICAGO TITLE AND TRUST COMPANY, not individually, but as Trustee under a certain Trust Agreement dated September 27, 1982 and known as Trust No. 1082512, Plaintiff-Appellee, v. BASKIN CLOTHING COMPANY, a subsidiary of Hartmarx Specialty Stores, Inc., Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

September 13, 1991.

Attorney(s) appearing for the Case

Gottlieb and Schwartz, Chicago (Loren J. Mallon, Gini S. Marziani, of counsel), for plaintiff-appellee.

Grace Allen Newton, Carey M. Stein, Chicago, for defendant-appellant.

Justice LaPORTA delivered the opinion of the court:

In a declaratory judgment suit brought by the fee owner land trust against its commercial tenant, Baskin, the plaintiff sought a declaration by the court finding that Baskin is obligated under its written lease with plaintiff and that Baskin be ordered to comply with all lease terms and obligations. The complaint also sought damages in the amount of $36,694.35 plus liquidated damages, interest, attorneys fees and...

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