Lipschultz v. So-Jess Management Corp.

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Plaintiff confessed judgment on a lease for rent which accrued after defendant had vacated the leased premises. The trial court opened the judgment to permit the defendant to assert its defense of constructive eviction and, after a non jury trial, confirmed the judgment. Defendant appeals. Appeals Nos. 52,061 and 52,062, which involved judgments for subsequent rent accruals, have been consolidated with the instant appeal for disposition.

On appeal, defendant contends (1) the plaintiff was guilty of the first breach of contract of…