Springer v. Borden
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. Oliver H. Horton, Judge, presiding.
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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. Oliver H. Horton, Judge, presiding. This was a bill in equity, brought by John Borden, who is owner in fee simple of lot 3, in block 117, in school section addition to Chicago, in Cook county, against James Donavan, George A. Taylor, and others, for the purpose of having the court ascertain and fix the cash value of the lot on the first day of January, 1892, exclusive of the buildings and improvements thereon, in the manner and for the purposes specified in…
1Opinion of the Court
Craig, J.:
It is first claimed by counsel for appellant that a court of equity had no jurisdiction of the subject matter — that there was a complete remedy to recover the rent by an action at law on the covenents of the lease. It will be observed that the rent was payable quarterly, and the lessor was entitled to a prompt payment, with a provision for forfeiture in case the lessee failed to comply. How could the lessee know how much rent he was required to pay each quarter, for the period of ten years, unless an appraisement of the property should be first made, and how could the lessor know…
2Cases cited4 opinions
- Coles v. PeckIndiana Supreme Court · 1884
- Strohmaier v. ZeppenfeldMissouri Court of Appeals · 1877
- Tobey Furniture Co. v. RoweAppellate Court of Illinois · 1886
- Viany v. FerranNew York Supreme Court · 1868
3Cited by4 opinions
- Lehigh Valley Railroad v. AndrusNew Jersey Court of Chancery · 1920
- Springer v. BordenIllinois Supreme Court · 1904
- Union Trust Co. v. Board of EducationIllinois Supreme Court · 1932
- Livingston Waterworks v. City of LivingstonMontana Supreme Court · 1916