Marr v. Ray
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. Thos. G. Windes presiding.
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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. Thos. G. Windes presiding. Proceedings by distress for rent were instituted before a justice of the peace of Cook county by appellee, where she recovered a judgment against appellant for $70.00, and an appeal was prosecuted to the Circuit Court, where the judgment was affirmed, and an appeal to the Appellate Court was ao-ain affirmed, O The facts proved at the trial were that appellant was the tenant of appellee, of premises consisting of a store and basement…
1Opinion of the CourtJustice Phillips
The question of the authority of the agent to enter into the contract on behalf of appellee, as also whether there was ratification of the contract by appellee, were questions of fact settled by the trial and Appellate Courts. The only question arising on the record before this court is, whether the terms of a lease within the statute of frauds, as to the amount to be paid under such lease, are evidence of the amount of rent due for which the landlord may distrain. The evidence in this record shows the lease was within the statute of frauds, and the lessee entered under it and paid rent for a…
2Cases cited12 opinions
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- Warner v. HaleIllinois Supreme Court · 1872
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