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Weiman v. Butterman

Illinois Appellate Court

260 N.E.2d 321 (1970)

Relevant factsFree

Weiman (plaintiff) signed a five-year agreement titled Lease with building owner Goldsmith to operate coin laundry facilities in an apartment building's laundry room, defining the space, term, rent as a percentage of receipts, and exclusivity against competing laundry services; Weiman posted a sign with his name and phone number in the laundry room. When Butterman (defendant) bought the building without being told of the agreement and without asking about the laundry facilities, he later replaced Weiman's machines with a competitor's; Weiman sued, and the trial court found for him, with Butterman appealing on the theory the agreement was merely an unenforceable license.

IssueFree

Whether a valid lease is created when the parties specifically define the extent and bounds of the leased property, the lease term, and the rental price with the time and manner of payment, and whether a subsequent purchaser without actual notice is nonetheless bound by it.

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