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OBERNAUF v. HABERSTICH

No. 2-85-0828.

145 Ill. App.3d 768 (1986)

496 N.E.2d 272

MELISSA OBERNAUF, Plaintiff-Appellant, v. JOSEPHINE (HEUGH) HABERSTICH, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed July 22, 1986.

Attorney(s) appearing for the Case

Kenneth E. Mateas and Gerald Kepple, both of St. Charles, for appellant.

Alvin L. Catella, of St. Charles, for appellee.

Judgment affirmed.

PRESIDING JUSTICE NASH delivered the opinion of the court:

Plaintiff, Melissa Obernauf, brought a small claims action for breach of oral contract against her former co-lessee, Josephine (Heugh) Haberstich, based upon a mutual promise to divide apartment expenses equally until termination of the lease. After a bench trial, plaintiff's request for damages for back rent was denied by the court based upon plaintiff's failure to mitigate damages...

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