Watson v. Smith
Appellate Court of Illinois
Error to the Superior,. Court of Cook county; the Hon. Chables A. McDonakd, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.
1Opinion of the CourtJustice Barnes
It is argued first that the bill does not show notice, or written consent by the lessor or his grantee, as expressly required in the lease, to any assignment of the lessee’s interest. The facts set up in the bill show that each successive assignee of the leasehold interest took open possession of the premises and in turn paid rent therefor directly to the then owner or assignee of the lease. The receiving of the rent under such circumstances gave implied consent to such assignments, and constituted a waiver of such provision of the lease. Hopkins v. Levandowski, 250 Ill. 372, and cases cited.
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2Cases cited13 opinions
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Giles v. . AustinNew York Court of Appeals · 1875
- Gilbert v. National Cash Register Co.Illinois Supreme Court · 1898
- Palmer v. FordIllinois Supreme Court · 1873
- Burrall v. American Telephone & Telegraph Co.Illinois Supreme Court · 1906
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3Cited by7 opinions
- Kaybill Corp., Inc. v. CherneAppellate Court of Illinois · 1974
- Scholz v. BarbeeAppellate Court of Illinois · 1951
- Quinn v. Fountain InnAppellate Court of Illinois · 1920
- Famous Permanent Wave Shops, Inc. v. SmithAppellate Court of Illinois · 1939
- Traders Safety Building Corp. v. ShirkAppellate Court of Illinois · 1925
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