Burrows v. Schulman

PRESIDING JUSTICE LEWE

delivered the opinion of the court.

This is an action for damages resulting from holding over on an apartment lease for a period of 28 days. Defendant’s motion to dismiss the action was granted. Plaintiff appeals.

The case was decided solely on the pleadings. Plaintiff had leased the apartment for the term of May 1, 1956 through April 30, 1957. The defendant, who was entitled to possession of the same premises until April 30,1956, did not vacate until May 28,1956. As a result of the holdover plaintiff was required to bring a forcible detainer suit to establish his right to…