Johnston v. Messinger

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Plaintiffs brought an action in assumpsit claiming that defendant as assignee lessee was obligated for certain rentals and advances under the terms of the lease. Upon jury trial the court peremptorily instructed to find for defendant, and upon such verdict judgment was entered, from which plaintiffs appeal.

The lease was of a business building on Washington street in Chicago, made February 1, 1907, to Donnell Safe Company, a corporation, as lessee, for a term of ninety-nine years. The lessee obligated itself to pay rentals,…