(Court opinion corrected 10/15/18.) Parties entered into a commercial lease agreement. After many modifications to lease agreement and disputes over delays, contractual relationship broke down. Defendant exercised its option to terminate lease. Plaintiff filed suit for breach of contract and Defendants filed counterclaim for breach of contract. After bench trial, court ordered Plaintiff to return Defendant's security deposit and denied all remaining claims, and ruled that each party was to pay its own attorney's fees. Court properly held that return of security deposit was not significant in relation to the parties' unsuccessful claims. No single claim is significant, and case ended in a "draw"; thus, court properly held that award of attorney fees was not warranted for either party. (MIKVA and PIERCE, concurring.)
Illinois Appellate Court
Civil Court
Leases