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C-B REALTY & TRAD. CORP. v. CHICAGO & N.W. RY. CO.

No. 1-96-1344.

682 N.E.2d 1136 (1997)

289 Ill. App.3d 892

225 Ill.Dec. 59

C-B REALTY AND TRADING CORP., a corp.; Harris Trust & Savings Bank, a corp. as trustee under trust agreement dated July 25, 1975; Julius Braun, Morris Braun, joint venturers under the style of C-B Realty Joint Venture, Plaintiffs-Appellants, v. CHICAGO AND NORTH WESTERN RAILWAY CO., a corp., and Chicago and North Western Transportation, a corp., Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied August 4, 1997.

Attorney(s) appearing for the Case

French, Kezelis & Kominiarek, P.C., Chicago (Algimantas Kezelis, Michael R. Webber, Julie A, Neidhardt, of counsel), for plaintiffs-appellants.

Thomas W. Cushing, George H. Brant, Chicago and North Western Transportation Co., Chicago, for defendants-appellees.

Presiding Justice WOLFSON delivered the opinion of the court:

This case possesses a Dickensian quality. It concerns a contract entered into in 1908 and a lawsuit filed in 1974. Unfortunately, this decision probably will not put an end to the dispute.

We are called on to decide what the parties to the contract meant when they agreed to a "water-tight" floor for a railroad bridge (they meant water-tight) and we must decide a dispute over who is to pay real estate...

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