Poppers v. Meagher
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. Frank Baker, Judge, presiding. Appellee brought suit against appellant on the covenants of a lease, which, by its terms, expired on April 30, 1889, to recover liquidated damages for holding over.
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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. Frank Baker, Judge, presiding. Appellee brought suit against appellant on the covenants of a lease, which, by its terms, expired on April 30, 1889, to recover liquidated damages for holding over. The lease was for a monthly rental of $500, and contained, among other covenants, the following: “Eighth—At the termination of this lease, by lapse of time or otherwise, to yield up immediate possession to said party of the first part, and failing so to do, to pay as…
1Opinion of the CourtJustice Phillips
The lease determined the expiration of the term, and by its provisions, at its termination, by lapse of time or otherwise, it was the duty of the tenant to yield up possession to the landlord. That duty was not dependent on a demand for possession, or any proceedings to be taken or done by the landlord. A demand for possession would be necessary as a condition precedent to the right of recovery in forcible detainer, but not necessary to determine the term of a lease for a fixed period. By the covenant in his lease appellant agreed to deliver possession on its termination, and failing to do…
2Cases cited2 opinions
- Tiernan v. HinmanIllinois Supreme Court · 1855
- Bryton v. MarstonAppellate Court of Illinois · 1889
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