Dispute as to validity of a personal guaranty purportedly executed by Defendant in connection with lease of commercial property between Plaintiff and Defendant. After remand, case went to bench trial, where Plaintiff presented testimony of 1 witness, Plaintiff’s principal. Court granted Defendant’s motion for directed finding after Plaintiff rested its case in chief. Court’s conclusion that Plaintiff could not establish a prima facie case was not against manifest weight of evidence, where testimony of Plaintiff’s principal established that guaranty and lease agreement were 2 separate transactions, requiring new consideration for the guaranty, and court found that lease had been fully executed prior to guaranty being presented to Defendant. (BURKE and McBRIDE, concurring.)
Illinois Appellate Court
Civil Court
Guaranty