Gradle v. Warner
Illinois Supreme Court
Appeal from the Circuit Court of Lake county; the Hon. C. W. Upton, Judge, presiding. This was a bill for specific performance, brought by Charles Warner, against Fanny Searles Cradle, to enforce an alleged agreement contained in a lease for the conveyance of certain property situated in the city of Waukegan, in Lake county.
Read the full summary
Appeal from the Circuit Court of Lake county; the Hon. C. W. Upton, Judge, presiding. This was a bill for specific performance, brought by Charles Warner, against Fanny Searles Cradle, to enforce an alleged agreement contained in a lease for the conveyance of certain property situated in the city of Waukegan, in Lake county. The lease executed by the parties, and set out in the bill, so far as its contents are material to a decision of the case, is as follows: “Indenture, dated October 3, 1886, between Fanny Searles Cradle, the party of the first part, and Charles Warner, party of the second…
1Opinion of the CourtJustice Craig
It is first contended by appellant, that by the non-payment of rent on November 1, 1890, or on or before January 1,1891, the time to which the payment of rent was extended, the lease became forfeited as against the'lessee. The lease provides for the payment of $125 rent per annum, payable one-half on the 1st day of May, and one-half on the 1st day of .November; but it is apparent from the manner in which the parties dealt with -each other, payment was not exacted by the lessor or made by the lessee as provided by the terms of the lease. On the 4th •day of December, 1890, the defendant wrote…
2Cases cited3 opinions
- Estes v. FurlongIllinois Supreme Court · 1871
- Farwell v. LowtherIllinois Supreme Court · 1857
- Moore v. SmithIllinois Supreme Court · 1860
3Cited by26 opinions
- Howard v. ManningSupreme Court of Oklahoma · 1920
- Breen v. MayneSupreme Court of Iowa · 1908
- Ricke v. RickeAppellate Court of Illinois · 1980
- Kovner v. DubinSupreme Court of Connecticut · 1926
- Jones v. Moncrief-Cook Co.Supreme Court of Oklahoma · 1910
21 more not listed; retrieve them via the Exa API.