Field v. Herrick
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This suit was brought below by the Herricks - against Field & Leiter, upon a covenant to pay rent in a lease, dated Feb. 2, 1878, from the former to the latter of a certain store, situate upon "Wabash Avenue, Chicago, designated as numbers 130 and 132, for the term of two years, commencing March 1, 1878; the lessees covenanting to pay as rent therefor, the shm of sixty-five hundred…
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This suit was brought below by the Herricks - against Field & Leiter, upon a covenant to pay rent in a lease, dated Feb. 2, 1878, from the former to the latter of a certain store, situate upon "Wabash Avenue, Chicago, designated as numbers 130 and 132, for the term of two years, commencing March 1, 1878; the lessees covenanting to pay as rent therefor, the shm of sixty-five hundred dollars, payable in specified monthly installments. The action being covenant, the defendants pleaded non estfaotxim and…
1Opinion of the CourtMcAllister, P. J.
The authorities all agree that there is a certain obligation on the part of the lessor, implied by law, from the contract of letting real estate fora consideration paid or to be paid as rent by the lessee; but as to the nature and extent of that obligation, there is a clear divergence. In Gardner v. Keteltas, 3 Hill (N. Y.), 330, it was held that such implied obligation or undertaking did not amount to an agreement to put the lessee into actual possession; that there was no warranty implied against the acts of strangers; and that therefore, if the lessee be kept out by a former tenant ' whose…
2Cases cited15 opinions
- Laughran v. . SmithNew York Court of Appeals · 1878
- Trull v. . GrangerNew York Court of Appeals · 1853
- Gazzolo v. ChambersIllinois Supreme Court · 1874
- Prickett v. RitterIllinois Supreme Court · 1854
- Warner v. HaleIllinois Supreme Court · 1872
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3Cited by4 opinions
- Wood v. GordonNew York Court of Common Pleas · 1892
- Schilling v. KleinAppellate Court of Illinois · 1891
- Weber v. PowersAppellate Court of Illinois · 1904
- Heun v. HansonAppellate Court of Illinois · 1947