Legal Opinion

George J. Cooke Co. v. Kaiser

Appellate Court of Illinois

Decided October 4, 1911No. Gen. No. 15,770PublishedCited by 5 opinions

Forcible detainer. Error to the Municipal Court of Chicago; the Hon. William W. Maxwell, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909.

1Opinion of the CourtJustice Duncan

Plaintiffs in error contend that they were not unlawfully withholding the premises from defendant in error when sued, because they had an oral contract with Godenrath to extend their lease another year from May 1, 1909, which contract was made prior to defendant in error’s lease. Their position is that although an oral lease for more than one year may be void as to the duration of the term, yet, tenants in possession under such an agreement are not trespassers, but should be treated as tenants until their tenancy is terminated by proper notice to quit. No extension of the time of their lease…

2Cases cited5 opinions

  1. Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901
  2. Chicago Dock Co. v. KinzieIllinois Supreme Court · 1868
  3. Jackson v. Security Mutual Life InsuranceIllinois Supreme Court · 1908
  4. Best v. DavisAppellate Court of Illinois · 1892
  5. Grundies v. KelsoAppellate Court of Illinois · 1891

3Cited by5 opinions

  1. Libby-Broadway Drive-In, Inc. v. McDonald's System, Inc.Appellate Court of Illinois · 1979
  2. Town of Belmont v. Massachusetts Amusement Corp.Massachusetts Supreme Judicial Court · 1956
  3. Settlers' Housing Service, Inc. v. Schaumburg Bank & Trust Co., N.A. (In re Settlers' Housing Service, Inc.)United States Bankruptcy Court, N.D. Illinois · 2014
  4. Settlers' Housing Service, Inc. v. Schaumburg Bank & Trust Co. (In re Settlers' Housing Service, Inc.)United States Bankruptcy Court, N.D. Illinois · 2017
  5. Liberty Brand Canning Co. v. DenbySuperior Court of Delaware · 1918

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