Amending Contract Creates Surprising Problem

Joan M. Kubalanza and Kevin J. Clancy, two of Lowis & Gellen's senior litigators and appellate attorneys, have published an article in the March issue of the Illinois Bar Journal that carries a strong admonition for practicing attorneys and business clients. The article discusses the case of Nebel, Inc. v. The Mid-City National Bank of Chicago, decided by the First District of the Illinois Appellate Court. The case dealt with a substantive amendment to an existing contract and the trial court's finding that the act of amending the 99-year lease revived a dormant clause requiring the payment of rent in gold. The legal moral of the story is that attorneys should familiarize themselves with the contract being amended in every instance, and specifically exclude any unwanted provisions from the original contract. Copies of the article can be obtained by contacting Amy Bockman at 312-364-2500.