Breach of contract action from decedent's breach of his personal guaranty of a commercial lease. Lessor prevailed in eviction action, but did not take any action to collect judgment or enforce decedent's guaranty until 3 years later; Decedent died shortly after breach of contract action was filed. Court erred in granting summary judgment in favor of decedent's widow based on doctrine of laches. Laches is an equitable doctrine that bars action where unreasonable delay in bringing suit causes prejudice to opposing party, who has taken a course of action different from what it otherwise would have taken. Laches does not apply to claim sounding wholly in law. Decedent's death does not give rise to a defense available to widow that decedent himself could not have asserted. Affidavit of Defendant's vice-president as to terms of lease was improperly excluded under Dead Man's Act, as affiant was neither an adverse party nor interested in the action on the guaranty.(LAVIN and PUCINSKI, concurring.)
Illinois Appellate Court
Civil Court
Laches