(Court opinion corrected 1/17/19.) After bench trial, Plaintiff was awarded $1.27 million in damages as a result of breach of a lease guaranty by Defendant. Court properly entered judgment for Plaintiff and awarded damages for freight costs, cleaning costs, past due and future storage costs, and past due rent. Court erred in awarding damages for anticipated future blasting, as they are too speculative to be recoverable. Court properly reduced Plaintiff's attorney fee award by $10,000, and properly entered judgment for Defendant on Plaintiff's request for award of present value of future rent due under leases. The guaranty was not a contract for lease of goods or services but was a promise to pay a debt. Thus the UCC is not applicable to the guaranty, and Plaintiff cannot rely on UCC to support its argument for rent acceleration. (LAVIN and PUCINSKI, concurring.)
Illinois Appellate Court
Civil Court
Leases