A.M. Realty Western L.L.C. v. MSMC Realty, L.L.C.

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2016 IL App (1st) 151087
Decision Date: 
Thursday, March 31, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON

Plaintiff realty company, alleging breach of contract and anticipation of breach, sued a former tenant to collect monthly payments that former tenant had agreed to pay, in addition to rent, for certain building improvements. Court erred in granting summary judgment for Defendant on grounds that lease did not require Defendant to make HVAC payments after lease expired, and that Plaintiff was attempting to recover same damages twice because it sold the property; both holdings contradict appellate court's prior opinion.(REYES, concurring; LAMPKIN, specially concurring.)