Goldstein v. Reynolds
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. C. G. Neeley, Judge, presiding.
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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. C. G. Neeley, Judge, presiding. Two separate actions in covenant were instituted by the defendant in error against the plaintiff in error,—the first to recover the sum of $90, the monthly rental of certain premises in Chicag'o, being a business house known as 415 South Clark street, for the month ending February 5, 1895, under the terms of a lease executed by the defendant in error as landlord and the plaintiff in error as lessee; the second, to…
1Opinion of the CourtChief Justice Boggs
The plea of non est factum only put in issue the execution of the lease. Such a plea in the action of covenant does not deny the alleged breach of the covenant or set up any other matter of defense. (5 Ency. of PL & Pr. 378.) In an action of covenant a release must be specially pleaded. (18 Ency. of Pl. & Pr. 89, 90.) The plaintiff in error did not offer any testimony in support of the plea of non est factum.
As being- in support of the issue on his behalf, the plaintiff in error produced the testimony of four witnesses, to the effect that he was a merchant and had occupied the demised…
2Cases cited3 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Illinois Central Railroad v. LatimerIllinois Supreme Court · 1889
- Illinois Steel Co. v. NovakIllinois Supreme Court · 1900
3Cited by2 opinions
- Strong v. HasterlikAppellate Court of Illinois · 1909
- Weidknecht v. ClarkAppellate Court of Illinois · 1919