Legal Opinion

Spikings v. Fox

Appellate Court of Illinois

Decided December 21, 1908No. Gen. No. 14,078PublishedCited by 3 opinions

Assumpsit. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the October term, 1907.

1Opinion of the CourtJustice Brown

The defense made in this case was threefold:

First. That the lease contained “conditions precedent” to the covenant of the lessees to pay rent, which conditions precedent were not performed by the lessor. Waiving any question whether the words which appear in the lease after the description of the property constitute “conditions precedent”, the evidence is quite clear that the promises were performed. The only testimony of any definiteness on the subject tended to prove that the work promised was all done, and, moreover, was done under the suggestions and actual supervision of the appellant,…

2Cases cited2 opinions

  1. Humiston, Keeling & Co. v. WheelerIllinois Supreme Court · 1898
  2. Humiston, Keeling & Co. v. WheelerAppellate Court of Illinois · 1897

3Cited by3 opinions

  1. McSweeney Et Ux. v. DornSupreme Court of Vermont · 1932
  2. United Cigar Stores Co. of America v. FriendAppellate Court of Illinois · 1930
  3. Carp & Co. v. GoldstineAppellate Court of Illinois · 1931

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