ESL Delivery Services Company v. Delivery Network, Inc.

              1
NOTICE
Decision filed 07/25/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-07-0122
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________________
ESL DELIVERY SERVICES COMPANY, ) Appeal from the
) Circuit Court of
Plaintiff and Counterdefendant-Appellee, ) Madison County.
)
v. ) No. 04-L-389
)
DELIVERY NETWORK, INC., and )
FI WAREHOUSE CORPORATION, ) Honorable
) A. A. Matoesian,
Defendants and Counterplaintiffs-Appellants. ) Judge, presiding.
________________________________________________________________________
PRESIDING JUSTICE STEWART delivered the opinion of the court:
The counterplaintiffs, Delivery Network, Inc., and FI Warehouse Corp. (collectively
referred to as Delivery Network), appeal from an order of the circuit court of Madison
County granting a summary judgment in favor of the counterdefendant, ESL Delivery
Services Company (ESL). We reverse.
BACKGROUND
Delivery Network owned and operated a warehouse facility located in Granite City,
Illinois. Beginning April 1, 2003, ESL entered into a lease agreement with Delivery
Network for the storage of goods and the lease of office space inside the warehouse. The
lease agreement between Delivery Network and ESL provided, in its entirety, as follows:
"Here is what we propose. It will cost about $1,000 to get some repairs done
and such in order to make that workable. I will plan on the first month being that one
thousand dollars. If you do not want to do it that way we could charge an additional
$100.00 per month for the first year.
We will furnish: