John Munic Meat Co. v. H. Gartenberg & Co.

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This is an appeal from a judgment granting plaintiff damages in the amount of *46,320 against defendants Melvin Gartenberg and Robert Gartenberg for failure to comply with lease covenants and denying defendants’ counterclaim for damages because of alleged lease violations. H. Gartenberg & Co., also named as a defendant, was dismissed by stipulation.

The briefs and arguments center on the following principal issues: (1) whether plaintiff established it was constructively evicted; (2) if so, whether the damages awarded were excessive;…