Postal Telegraph-Cable Co. v. Western Union Telegraph Co.
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. Lorin C. Collins, Judge, presiding. The bill in this case seeks to enjoin the Western Union Telegraph .Company from using the premises known as the “Phenix Building,” in the city of Chicago, as a telegraph office until the termination of complainant’s lease of a portion of the building, April 30,1898. The material facts are undisputed.
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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. Lorin C. Collins, Judge, presiding. The bill in this case seeks to enjoin the Western Union Telegraph .Company from using the premises known as the “Phenix Building,” in the city of Chicago, as a telegraph office until the termination of complainant’s lease of a portion of the building, April 30,1898. The material facts are undisputed. The Phenix building is located at the south-west corner of Clark and Jackson streets, fronting east on Clark street, north on…
1Opinion of the CourtJustice Phillips
The material question arising on this record is as to the construction and effect of the clause in the second lease, as follows: “During the said term the lessor will not lease offices in said building to any other telegraph company for use as a telegraph office, without consent of the lessee.” The contention of the appellant is, that it is a restrictive covenant, limiting and restricting the use of the entire building for telegraph offices to itself, and the use for that purpose by the lessor or its assigns would be a breach of that covenant which a court of equity should enjoin, regardless…
2Cases cited6 opinions
- Sheets v. SeldenSupreme Court of the United States · 1869
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- Consolidated Coal Co. v. SchmisseurIllinois Supreme Court · 1890
- Brugman v. NoyesWisconsin Supreme Court · 1858
- Des Moines and Fort Dodge Railroad Co. v. Wabash, St. Louis and Pacific R'y Co.Supreme Court of the United States · 1890
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3Cited by33 opinions
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- Staley v. MearsAppellate Court of Illinois · 1957
- Crest Commercial, Inc. v. Union-Hall, Inc.Appellate Court of Illinois · 1968
- Christ v. RakeIllinois Supreme Court · 1919
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