Lehndorff USA (Central) Ltd. v. Cousins Club, Inc.

Mr. PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

Defendant appealed from the entry of summary judgment in favor of plaintiffs, contending that: (1) the granting of plaintiffs’ motion for summary judgment on the basis of defendant’s admission that it owed rent to plaintiffs was erroneous; (2) plaintiffs waived their right to bring an action for forcible entry and detainer by contemporaneously exercising their right to distrain for rent under the Illinois landlord and tenant statute (Ill. Rev. Stat. 1973, ch. 80, par. 28) and the lease; and (3) the provisions of the five-day…