Plaintiff filed amended complaint against its landlord, alleging that breach of a commercial lease prevented Plaintiff from using premises as it intended for a bakery and restaurant and caused it to lose more than $100,000 in renovations expenses. Defendant counterclaimed, was granted summary judgment, and was awarded back rent, late fees, and attorney fees. As Plaintiff admitted it was in breach of contract, it could not establish the element of performance of the contract by the plaintiff. As landlord did not have a contractual duty to perform or allow Plaintiff to perform structural modifications to any component of the black iron, there was no genuine issue of material fact as to whether landlord breached pertinent paragraph in the lease. Even in a commercial lease of premises that will be used for a specific purpose, there is no implied covenant that the premises are fit for that purpose. (HOWSE and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Leases