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Dayenian v. American National Bank and Trust Co. of Chicago

Appellate Court of Illinois
414 N.E.2d 1199 (1980)


Facts

Ursula Dayenian (plaintiff) leased an apartment from the Monticello Realty Corporation. Dayenian signed an agreement with Carlton Lambert, stating: “. . . Lessee hereby assigns all the Lessee’s right, title and interest in and to the within lease . . . unto W. Carlton Lambert.” Monticello consented to the assignment in writing. After Lambert took possession, a developer, 900/910 Lake Shore Drive Development Company (Lake Shore) (defendant), sent Lambert a letter of intent informing him that Lake Shore would be transforming the apartments into condominiums. Lake Shore sent the letter pursuant to an Illinois law requiring that in the event of such a transformation, the tenant at the time had the right of first refusal to buy the condo. Lambert did not wish to buy the condo, and Lake Shore sold it to a third party. Dayenian felt that she was the true tenant under the lease and as a result was entitled to the right of first refusal. Dayenian brought suit for specific performance against Lake Shore and its trustee, the American National Bank and Trust Company of Chicago (defendant). Dayenian sought an order directing Lake Shore to sell the condo to her. The trial court granted the defendants summary judgment. Dayenian appealed.

Rule of Law

Issue

Holding and Reasoning (Goldberg, J.)

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