First National Bank of Evergreen Park v. Chrysler Realty Corp.

522 N.E.2d 1298, 168 Ill. App. 3d 784, 119 Ill. Dec. 439, 1988 Ill. App. LEXIS 393
CourtAppellate Court of Illinois
DecidedMarch 31, 1988
Docket87-0074
StatusPublished
Cited by16 cases

This text of 522 N.E.2d 1298 (First National Bank of Evergreen Park v. Chrysler Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First National Bank of Evergreen Park v. Chrysler Realty Corp., 522 N.E.2d 1298, 168 Ill. App. 3d 784, 119 Ill. Dec. 439, 1988 Ill. App. LEXIS 393 (Ill. Ct. App. 1988).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Plaintiff, the First National Bank of Evergreen Park, as trustee under trust No. 2037, brought a forcible detainer action in the circuit court of Cook County against defendants, the Chrysler Realty Corporation (Chrysler Realty) and Fireside Chrysler-Plymouth, Inc. (Fireside Chrysler). Plaintiff sought possession of an automobile dealership building that it leased to defendants. A jury returned a verdict in favor of defendants.

Plaintiff appeals from the judgment entered on the verdict. Plaintiff contends: (1) the trial judge should have granted it a judgment n.o.v.; (2) the verdict was against the manifest weight of the evidence; (3) defendants’ affirmative defenses were legally insufficient and non-germane; (4) the trial judge admitted into evidence irrelevant and prejudicial matter; (5) a conflict of interest existed between plaintiff and its trial counsel; (6) the trial judge improperly instructed the jury, and (7) the trial misconduct of Fireside Chrysler’s attorney was so prejudicial as to deny it a fair trial.

We affirm the judgment of the trial court.

Background

The record shows that on September 11, 1970, plaintiff leased a newly constructed automobile dealership building to Chrysler Realty in Schaumburg, Illinois. Kenneth Anderson was the landlord under the 25-year lease. Chrysler Realty was the lessee, which in turn subleased the premises to Fireside Chrysler, a franchised Chrysler dealer.

The lease provided that the landlord make all structural repairs arising from faulty workmanship, materials, or design. Chrysler Realty was obligated to make all other repairs necessary to keep the premises in as good a condition as when received. Further, if the premises were “partially or totally destroyed by fire, casualty, or other cause or happening,” then the landlord would restore the premises.

Additionally, if Chrysler Realty failed to perform any of its obligations under the lease and failed to cure its default within 30 days after notice from the landlord, the landlord could reenter and repossess the premises. The lease would terminate upon reentry. The sublease obligated Fireside Chrysler to keep the premises in “first-class order and repair” and to perform all óf Chrysler Realty’s obligations under the lease.

The record further shows that, during a routine inspection in 1983, Chrysler Realty determined that the roof needed repairs. The roofing company that Fireside Chrysler hired did not install a new roof. The roofing company, rather, “re-roofed” the building by applying a “capsheet,” i.e., another layer, to the old roof.

On April 30, 1984, a windstorm tore a hole in a portion of the capsheet; water collected and became trapped between the capsheet and the original roof. The landlord notified Chrysler Realty of the damage. In a letter dated May 16, 1984, the landlord expressed his displeasure as to the building’s maintenance and described the previous roof repair as unacceptable.

The landlord and a field engineer of Chrysler Realty inspected the roof on May 29, 1984. In addition to assessing the windstorm damage, the Chrysler Realty engineer concluded that the capsheet was incorrectly installed. Representatives of Chrysler Realty met with a representative of Fireside Chrysler, who promised to make repairs.

The record further shows that, a few days prior to his inspection of the roof, the landlord received an insurance settlement of $7,608.31 for the windstorm damage to the roof. However, in a letter to Chrysler Realty dated June 1,1984, the landlord stated:

“I have settled with the insurance company to replace the damaged roof stacks and replace the section of your repair that blew off the original roof. I have told [the Chrysler Realty zone manager] and [the Chrysler Realty field engineer] that I will either make the repair to your improper roofing and put it back the way it was or issue you the $900.00 check so you may credit it against putting the roof and the sheet metal back to it’s [sic] original condition.”

The landlord again expressed his dissatisfaction with the building’s maintenance and roof repairs.

Chrysler Realty accepted the $900. The landlord mailed to Fireside Chrysler a check for that amount to be applied to the repairs. In mid-July of 1984, however, Fireside Chrysler returned the landlord’s check to Chrysler Realty. The dealer believed that Anderson received more than $900 from the insurance company.

On July 20, 1984, the landlord notified Chrysler Realty that it was in default under the lease, for the reasons that he stated in his May 16 and June 1 letters. The landlord further notified Chrysler Realty, pursuant to the lease, that it had 30 days to cure the default.

Chrysler Realty scheduled a meeting with the landlord and the insurance adjustor for August 1, 1984. The meeting took place, but the adjustor did not attend. The record contains conflicting evidence at this point. Chrysler Realty presented evidence that the landlord stated at the meeting that he received an insurance settlement of $900 for the windstorm damage to the roof; further, Chrysler Realty would receive that amount to repair the roof and no more.

The landlord presented evidence, however, that he did not disclose the amount of the insurance settlement at the August 1 meeting. Further, he did not state that the amount of the settlement was $900. Rather, he told the Chrysler Realty representatives that he received a bid of $900 to repair only the capsheet damage. Further, the $900 check, which he mentioned in his June 1, 1984, letter, referred to the bid for the capsheet repair.

On August 8, 1984, Chrysler Realty informed the landlord’s attorney by letter that it desired to repair the windstorm damage, but insisted on knowing the amount of the insurance settlement. A representative of Chrysler Realty testified that he had a telephone conversation with the attorney on August 13, 1984. The attorney stated that the landlord would repair the windstorm damage if Chrysler returned the $900.

The record shows that the landlord’s attorney sent a letter to Chrysler Realty dated August 14, 1984. The attorney therein stated, however, that on receipt of the $900, the landlord would repair only the capsheet. Further, Chrysler Realty was still in default under the lease as described in the landlord’s July 20,1984, letter.

Chrysler Realty responded in a letter to the landlord’s attorney dated August 17, 1984, which included the $900. Referring to their telephone conversation, Chrysler expected the landlord to repair the total windstorm damage to the roof, including draining the water trapped in the roof.

On August 21, 1984, the landlord’s attorney wrote Chrysler Realty, stating that the landlord would repair only the capsheet; he would not drain the storm water or make any other repairs. The attorney also declared the lease terminated, because Chrysler Realty failed to cure the default under the lease within 30 days of the landlord’s July 20 notice. The landlord filed his complaint for possession the next day.

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Bluebook (online)
522 N.E.2d 1298, 168 Ill. App. 3d 784, 119 Ill. Dec. 439, 1988 Ill. App. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-of-evergreen-park-v-chrysler-realty-corp-illappct-1988.