Clinton Wire Cloth Co. v. Gardner
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District; — heard in that court' on appeal from the County Court of Cook county; the Hon. Mason B. Loomis, Judge, presiding. This was an action of assumpsit, brought by Samuel S. and D. B. Gardner, against the Clinton Wire Cloth Company, for the recovery of a year’s rent, on the ground of a holding over.
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Writ of Error to the Appellate Court for the First District; — heard in that court' on appeal from the County Court of Cook county; the Hon. Mason B. Loomis, Judge, presiding. This was an action of assumpsit, brought by Samuel S. and D. B. Gardner, against the Clinton Wire Cloth Company, for the recovery of a year’s rent, on the ground of a holding over. On the first day of January, 1873, S. S. and D. B. Gardner demised to the Clinton Wire Cloth Company the second' and third floors of the building known as No. 175 East Randolph street, in the city of Chicago, for a term of five years, at a…
1Opinion of the CourtJustice Sheldon
The main question in this case arises upon the plaintiff’s instructions.
Three instructions were given for plaintiff in the county court, all of which contained substantially the same proposition of law, which is stated in _ a general way in the third instruction, and is as follows:
“ The jury are instructed, as matter of law, that where a tenant occupies premises under a lease, for a year or years,, and holds over after the expiration of such lease, without, having made any new agreement with the landlord, under which such holding over takes place, that then the tenant may, at the election of…
2Cases cited6 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Griffin v. KniselyIllinois Supreme Court · 1874
- Ames v. SchueslerSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Webster v. NicholsIllinois Supreme Court · 1882
- Weber v. PowersIllinois Supreme Court · 1904
- Keegan v. KinnareIllinois Supreme Court · 1887
- Condon v. BrockwayIllinois Supreme Court · 1895
- Cottrell v. GersonAppellate Court of Illinois · 1938
54 more not listed; retrieve them via the Exa API.