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Seay & Thomas, Inc. v. Kerr's

APRIL 26, 1965.

SEAY & THOMAS, INC., AS AGENTS AND LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 16, 1962 AND KNOWN AS TRUST NO. 29744, PLAINTIFFS-APPELLEES,

v.

KERR'S, INC., A DELAWARE CORPORATION, AND BLUM'S-VOGUE, INC., AN ILLINOIS CORPORATION, DEFENDANTS-APPELLANTS.



Interlocutory appeal from the Circuit Court of Cook County; the Hon. DONALD S. McKINLAY, Judge, presiding. Affirmed and remanded with directions.

MR. JUSTICE KLUCZYNSKI DELIVERED THE OPINION OF THE COURT.

Rehearing denied May 20, 1965.

This is an interlocutory appeal by the defendants, Kerr's, Inc., and Blum's-Vogue, Inc., from an order granting a temporary injunction to plaintiffs, Seay & Thomas, Inc., and LaSalle National Bank, restraining defendants and plaintiffs from "removing or altering or causing the removal or alteration, of iron gate located outside the main door on the ground floor of the premises located at 630 South Michigan Ave., Chicago, Illinois, leased by plaintiffs to defendants." No injunction bond was set.

Seay & Thomas, as agents for, and LaSalle National Bank, as trustee and owner of certain possessory rights to the land and 14 — story building at 624-630 South Michigan Avenue, Chicago, entered into a written lease with Kerr's on November 17, 1961, relating to the first, second, third, fourth and a portion of the fifth floors for a term ending on December 31, 1964. On November 18, 1961, Kerr's, with plaintiffs' consent, assigned all rights under the lease to Blum's and guaranteed Blum's performance of the lessee's obligations thereunder. Blum's took possession of the demised premises and now remains in possession. There is no agreement to renew or extend the lease beyond December 31, 1964.

On September 9, 1964, plaintiffs filed a verified complaint against the defendants alleging that a controversy arose with Blum's-Vogue as to the right of Blum's to remove certain items from the demised premises upon the termination of the lease. Plaintiffs charged that Blum's had removed or was about to remove the following items:

Ornamental light fixtures and ornamental iron gate located outside entrance way, light fixtures, doors;

Marble floors, marble walls and marble pillars;

Parquetted floors, tile floors, mirrors;

Air condition units, equipment and ducts; wall panelling and fireplaces; wall showcases and safes; chandeliers;

Marble pillar facings and wall facings;

Bank partitions;

Elevator, elevator cage, elevator motors, fixtures and elevator landings;

Partitions in general office area;

Walls, ceilings, mirrors and showcases in jewelry rooms and dressing rooms.

These items, they charged, were situated on and affixed to the leased premises prior to and at the date and lease commenced; that they were an integral part of the real estate, and as such were plaintiffs' property to remain on the premises at the expiration of the lease; and that the removal of said items would materially injure the premises and cause plaintiffs irreparable harm. Plaintiffs prayed that the described items be declared to be their property, to ...


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