Thomson Learning, Inc. v. Olympia Properties, LLC

In the present case, the trial court concluded that a lessee’s partial compliance with the terms of an option to cancel a commercial lease was sufficient to exercise that option. Having so concluded, the trial court granted summary judgment for plaintiff, Thomson Learning, Inc. (Tenant). Defendant, Olympia Properties, LLC (Landlord), appeals that decision. We reverse and remand.

I. BACKGROUND

The facts are somewhat involved. Tenant leased space in a Naperville office building pursuant to a lease that granted Tenant an option to cancel prior to the lease’s scheduled end in December 2009…