Smith v. McLean
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Statement by Hoe an, J. Appellees brought an action of covenant against appellants to recover rent which accrued under the terms of a lease between the parties, the term of which commenced February, 1884, and extended till April 30, 1886, unless the term should be before then determined.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Statement by Hoe an, J. Appellees brought an action of covenant against appellants to recover rent which accrued under the terms of a lease between the parties, the term of which commenced February, 1884, and extended till April 30, 1886, unless the term should be before then determined. The premises rented were “ the third floor of the building known as Hos. 83 and 85 Wabash Avenue, also 15x65 feet in the basement of said building." The covenant to pay rent was to pay “ the sum of $2,856.40, payable in…
1Opinion of the CourtMoran, J.
Appellant’s first plea is bad. It alleges no facts, but states a mere legal conclusion as arising on an event which it recites, but does not allege to have occurred. The demurrer to it was therefore properly sustained.
The question which appellant’s counsel have so elaborate^ discussed, viz., the rule to be applied when a building in which apartments or rooms are leased is entirely destroyed by fire without the fault of the lessee, by the elimination from our consideration of the first plea becomes a mere moot question in this case and one which we are not called upon to decide. The…
2Cases cited6 opinions
- Walker v. TuckerIllinois Supreme Court · 1873
- Morris v. TillsonIllinois Supreme Court · 1876
- Buerger v. BoydSupreme Court of Arkansas · 1869
- Alexander v. DorseySupreme Court of Georgia · 1852
- Kerr v. Merchant's Exchange Co.New York Court of Chancery · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Snook & Austin Furniture Co. v. Steiner & EmerySupreme Court of Georgia · 1903
- Orcutt v. IshamAppellate Court of Illinois · 1897
- Turner v. MantonyaAppellate Court of Illinois · 1888
- International Press Ass'n v. BrooksAppellate Court of Illinois · 1889