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EDN REAL ESTATE v. MARQUETTE NAT. BANK

No. 1-92-1425.

635 N.E.2d 738 (1994)

263 Ill. App.3d 161

200 Ill.Dec. 399

EDN REAL ESTATE CORPORATION, an Illinois corporation, Ed Napleton Imports, Inc., d/b/a Napleton Imports, Inc., d/b/a Volvo/Suburu of Oak Lawn, Inc., and Edward F. Napleton, personally and as guarantor, Plaintiffs-Counterdefendants-Appellants, v. MARQUETTE NATIONAL BANK, as Trustee under Trust Agreement dated June 11, 1985, and known as Trust Number 11096, and Henry Leshner, Defendants-Counterplaintiffs-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

May 13, 1994.

Attorney(s) appearing for the Case

Naomi H. Schuster, Palos Heights, for appellants.

Witwer, Burlage, Poltrock & Giampietro, Chicago (Wayne B. Giampietro and James Dykehouse, of counsel), for appellees.

Justice GIANNIS delivered the opinion of the court:

Plaintiff1 instituted this action for specific performance, declaratory judgment, and damages, claiming that defendants had violated the terms of a lease agreement by refusing to approve the construction of an addition to the building which was the subject of the lease. Defendants denied that they had breached the lease agreement and brought a counterclaim against plaintiff for the balance...

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