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IOS CAPITAL, INC. v. PHOENIX PRINTING, INC.

No. 4-03-0879.

808 N.E.2d 606 (2004)

348 Ill. App.3d 366

283 Ill.Dec. 640

IOS CAPITAL, INC., Plaintiff-Appellee and Cross-Appellant, v. PHOENIX PRINTING, INC., d/b/a Colortech Printing; and Joseph B. Legener, Defendants and Third-Party Plaintiffs (Robert C. Russell, Defendant and Third-Party Plaintiff-Appellant and Cross-Appellee, v. Canon U.S.A., Inc., and Ikon Office Solutions, Inc., Third-Party Defendants).

Appellate Court of Illinois, Fourth District.

Decided April 22, 2004.

Attorney(s) appearing for the Case

R. Stephen Scott (argued), Daniel J. Davlantis, Mark D. Thielen, Scott & Scott, P.C., Springfield, for Phoenix Printing, Inc.

David O. Edwards, Giffin, Winning, Cohen & Bodewes, P.C., Springfield, Thomas G. Berndsen (argued), Thomas G. Berndsen, P.C., St. Louis, Mo, for IOS Capital, Inc.

Justice TURNER delivered the opinion of the court:

In January 1998, plaintiff, IOS Capital, Inc., formerly known as IKON Capital Resources (IOS), and defendant, Phoenix Printing, d/b/a Colortech Printing (Colortech), entered into a five-year written agreement for the lease of two black-and-white photocopy machines (copiers). After May 2000, Colortech stopped making payments, which IOS deemed a default under the agreement. Plaintiff sued defendants, Colortech, Joseph...

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