McConaughy v. Huston
Appellate Court of Illinois
Action commenced before justice of the peace. Appeal from the Circuit Court of Ogle county; the Hon. Richabd S. Farrakd, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Thompson
delivered the opinion of the court.
By the lease the appellees owed the plaintiff $35 for rent, due September 1, which the evidence shows has not been paid. The lease called for certain enumerated repairs, which it is admitted were made by the appellant. The lease provides “no other repairs except as hereafter mutually agreed.” This clause is a nudum pactum and ineffective for any purpose. A change in the lease could only be made by some instrument under seal. To bind the landlord to make any other repairs than those enumerated would require a new contract in…
2Cases cited3 opinions
- Goldsborough v. GableIllinois Supreme Court · 1892
- Sunasack v. MoreyIllinois Supreme Court · 1902
- Watson v. MoultonAppellate Court of Illinois · 1902
3Cited by2 opinions
- Williams v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1933
- Smith v. WhithamAppellate Court of Illinois · 1917