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THOMSON LEARNING v. OLYMPIA PROPERTIES, LLC

No. 2-05-0766.

850 N.E.2d 314 (2006)

THOMSON LEARNING, INC., Plaintiff-Appellee, v. OLYMPIA PROPERTIES, LLC, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 2, 2006.

Attorney(s) appearing for the Case

Timothy M. McLean, Clingen, Callow & McLean LLC, Wheaton, Patrick T. Stanton, Shane T. Young, Schwartz, Cooper, Greenberger & Krauss, Chtd., Chicago, for Olympia Properties, LLC.

Arthur L. Klein, Michael R. Turoff, Jeffrey D. Pilgrim, Arnstein & Lehr LLP, for Thomson Learning Inc.

Justice McLAREN delivered the opinion of the court:

In the present case, the trial court concluded that a lessee's partial compliance with the terms of an option to cancel a commercial lease was sufficient to exercise that option. Having so concluded, the trial court granted summary judgment for plaintiff, Thomson Learning, Inc. (Tenant). Defendant, Olympia Properties, LLC (Landlord), appeals that decision. We reverse and remand.

I. BACKGROUND

The...

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