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SANDELMAN v. BUCKEYE REALTY, INC.

No. 1-89-3347.

576 N.E.2d 1038 (1991)

216 Ill. App.3d 226

160 Ill.Dec. 84

Sanford SANDELMAN, as Trustee for Aneff Trust and Susan Sandelman, as Trustee for the Alisan Trust, Plaintiffs-Appellants, v. BUCKEYE REALTY, INC., an Illinois Corporation and Desco Corporation, an Ohio Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied August 8, 1991.

Attorney(s) appearing for the Case

Holleb & Coff (Howard J. Stein, Howard M. Hoffman and James W. Marks, of counsel), Pope & John, Chicago, (Michael J. Howlett, Jr., of counsel), for plaintiffs-appellants.

Ross & Hardies, Chicago, (Deborah S. Pardini, of counsel), for defendants-appellees.

Justice McNAMARA delivered the opinion of the court:

Plaintiffs, Sanford and Susan Sandelman (landlord) as trustees for the Aneff and Alisan Trusts, respectively, filed a declaratory judgment action asking the court to determine whether defendants, Desco Corporation and Buckeye Realty, Inc. (tenant) were in default under the terms of a long-term commercial lease for failing to replace the roof on the demised premises. After a trial without a jury, the court held that...

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