Leavitt v. Stern
Appellate Court of Illinois
Memorandum. — Action for rent. In the Circuit Court of Cook Comity; the Hon. Thomas G. Windes, Judge, presiding. Judgment entered by cognovit vacated and leave given defendant to plead; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. ' Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Shepard
delivered the opinioh of the Court.
The appellant was the lessee and in possession of a certain theater building and was sued by the owner, the appellee, for rent.
The lease under which appellant took possession was for a term of years, beginning September 1, 1890, and expiring August 31, 1894.
The judgment that was recovered represented the unpaid rent prior to and including the month of February, 1894, under the terms of that lease.
The defense was, in substance, that the appellant, being in possession of the theater, entered into an oral contract with the appellee on July 1, 1893, for a new…
2Cases cited2 opinions
- Baltimore & Ohio & Chicago Railroad v. Illinois Central RailroadIllinois Supreme Court · 1891
- Lewis v. FishAppellate Court of Illinois · 1891
3Cited by3 opinions
- Standard Brewery v. KellyAppellate Court of Illinois · 1896
- Wagner v. MaynardAppellate Court of Illinois · 1896
- Barnes v. Northern Trust Co.Appellate Court of Illinois · 1896