Field v. Herrick
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of covenant to recover- rent upon a lease alleged to have been made by appellees to appellants, for the premises known as Nos. 130 and 132 Wabash avenue, for the term of two years from March 1, 1878. The declaration was in the usual form, and alleged that there was rent due and in arrear in the sum of $2,583.32, non-payment of which was assigned as the breach of the…
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of covenant to recover- rent upon a lease alleged to have been made by appellees to appellants, for the premises known as Nos. 130 and 132 Wabash avenue, for the term of two years from March 1, 1878. The declaration was in the usual form, and alleged that there was rent due and in arrear in the sum of $2,583.32, non-payment of which was assigned as the breach of the covenant, upon which suit was brought. Issues were joined upon a plea of non est factum, ■ and various special pleas. To…
1Opinion of the CourtWilson, P. J.
It is unnecessary to pass upon any of the errors assigned except the first, which calls in question the action of the court in sustaining the demurrer to the defendants’ fourth plea. That plea alleges, in substance, that when the term granted in the lease commenced, the defendants were kept out of possession of the premises demised by the plaintiffs, and that neither they nor their assignees have ever received, or been able to obtain, possession of the same.
We are unable to see why the plea does not state a good defense to the action. It is true, the lease does not contain an express covenant…
2Cases cited1 opinion
- Wade v. HalliganIllinois Supreme Court · 1855
3Cited by3 opinions
- Milheim v. BaxterSupreme Court of Colorado · 1909
- Hein v. Shell Oil Co.Appellate Court of Illinois · 1942
- Kemmerer v. Midland Oil & Drilling Co.Court of Appeals for the Eighth Circuit · 1915