Community Discount Centers, Inc. v. Oakbrook Guido's, Inc.

This appeal requires us to determine whether a lease which the plaintiff, Community Discount Centers, Inc. (Community), as lessee, assigned to the defendant, Oakbrook Guido’s, Inc., is still in existence and an asset of that defendant on which Community can levy to satisfy a judgment. The defendants contend that after receiving an assignment of the lease from Community, Oakbrook Guido’s purchased the fee interest of the lessor, Klefstad Engineering, resulting in a merger of the interests of the lessor and lessee which terminated the lease as a matter of law.

The leasehold which this action…