Ash v. Barrett

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

This suit involves the proposed rental of a house owned by defendant. After a lease was signed, defendant refused possession to the plaintiffs and an action for breach of contract was instituted. The court, in a bench trial, awarded plaintiffs $11,984.36 in compensatory damages and $5000 in punitive damages.

Defendant, on appeal, contends (1) he accepted plaintiffs repudiation of the executory contract thereby rescinding the contract, (2) compensatory damages awarded included items which could not have been reasonably…