Legal Opinion
Tarkovsky v. George H. Hess Co.
Appellate Court of Illinois
Decided June 1, 1896PublishedCited by 5 opinions
Assumpsit for money had and received. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding.
1Opinion of the CourtJustice Shepard
This was a suit brought by appellant to recover back the proportional part of a month’s rent paid by him in advance for premises destroyed by fire during the month for which the rent was paid.
The rented premises consisted of all of the third floor and of portions of the second and fifth floors of a building in Chicago.
The monthly rent was $276, which, on March 4, 1891, was paid for that month, and on the eleventh day of the same month the building was substantially destroyed by fire.
The lease contained the following provision:
“ Upon the destruction of said premises by fire, the term hereby…
2Cases cited1 opinion
- Porter v. TullWashington Supreme Court · 1893
3Cited by5 opinions
- Harvey v. WeisbaumCalifornia Supreme Court · 1911
- Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938
- Bloch v. TuckerSupreme Court of Arkansas · 1913
- Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938
- Werner v. PadulaNew York Supreme Court · 1899