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NEBEL, INC. v. MID-CITY NAT. BANK

No. 1-01-1309.

769 N.E.2d 45 (2002)

329 Ill. App.3d 957

263 Ill.Dec. 843

NEBEL, INC., an Illinois corporation, Plaintiff-Appellant, v. The MID-CITY NATIONAL BANK OF CHICAGO, a National Banking Association, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied June 13, 2002.

Attorney(s) appearing for the Case

Foley & Lardner, Chicago (John D. Lien and Joan M. Kubalanza, of counsel), for Appellant.

Winston & Strawn, Chicago (Thomas A. Reynolds III, David E. Koropp and John J. Tully, Jr., of counsel), for Appellee.

Justice HARTMAN delivered the opinion of the court:

Plaintiff, Nebel, Inc., and defendant, The Mid-City National Bank of Chicago, are the lessor and lessee under a 99 year realestate lease (Lease), containing a rent payable in gold clause, originally executed in 1906. Plaintiff demanded rental payments to be made with gold coins, pursuant to the Lease, which defendant refused. In a three-count complaint, plaintiff charged defendant with a breach of the lease (count...

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