Fry v. Patridge
Illinois Supreme Court
Appeal from the Superior Court of Cook, county; the Hon. John Burns, Judge, presiding. This was a distress for rent, by Conrad Fry and John S. Miller, against John C. Patridge and Lor in Palmer, for the use of a store-room. The original verbal agreement was to lease the premises to the firm of John C. Patridge & Co., but one half was occupied by Wight & Stevens, who, until their failure, paid one-half of the rent.
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Appeal from the Superior Court of Cook, county; the Hon. John Burns, Judge, presiding. This was a distress for rent, by Conrad Fry and John S. Miller, against John C. Patridge and Lor in Palmer, for the use of a store-room. The original verbal agreement was to lease the premises to the firm of John C. Patridge & Co., but one half was occupied by Wight & Stevens, who, until their failure, paid one-half of the rent. Before the trial, the death of Miller was suggested, and Fry Avas alloAved to prosecute as surviving plaintiff. A trial Avas had by a jury, avIio found the issues for the…
1Opinion of the CourtJustice Scott
deliArered the opinion of the Court:
It is immaterial, in this controversy, Avliether the agreement to lease the premises Avas for one or three years. Ho written lease Avas ever signed by the parties. It may be regarded as a parol lease for one year for the sum of $10,000, payable in equal monthly installments. The main store-room is .what is called a double room, and was divided through the centre by a line of posts to support the upper floor. Appellees occupied one side of this main room and the firm of Wight & Stevens the other side.
Adopting the theory of appellant, that the original…
2Cases cited2 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- White v. WalkerIllinois Supreme Court · 1863
3Cited by11 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Von Schleinitz v. North Hotel Co.Supreme Court of Missouri · 1929
- Triest & Co. v. GoldstoneCalifornia Supreme Court · 1916
- Churchill v. LammersMissouri Court of Appeals · 1895
- Thompson v. Western Casket Co.Appellate Court of Illinois · 1920
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