Peck v. Scoville Manufacturing Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the lion. Bichard W. Clifford, Judge, presiding. Appellant leased to appellee certain premises in Chicago.
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Appeal from the Circuit Court of Cook County; the lion. Bichard W. Clifford, Judge, presiding. Appellant leased to appellee certain premises in Chicago. The following portion of the lease -was in writing: “ Said party of the second part shall keep the roof of said building clear of ice, snow and rubbish; shall not permit telegraph or telephone companies to attach wires to said building without written permission from said party of the first part; shall keep the elevators in said building and all attachments thereto, including hand and lifting cables, at all times properly oiled to prevent…
1Opinion of the CourtWaterman, P. J.
The rule that where there is an inconsistency, the written portions of a contract will prevail over the printed, has no application where there is no inconsistency and does not do away with the rule that effect is, if possible, to be given to every portion of the contract. There is no necessary inconsistency between the written and printed portions of this lease. King v. Driss, 5 Robertson (N. Y.), 521.
Appellee was bound to restore the premises in good order, “ loss by fire or inevitable accident or ordinary wear excepted.”
A window broken by a stone accidentally kicked by a passing team is…
2Cited by8 opinions
- King v. Richards-Cunningham Co.Wyoming Supreme Court · 1934
- Rustad v. LampertSupreme Court of Minnesota · 1921
- Edwards v. Ollen Restaurant Corp.City of New York Municipal Court · 1950
- Case v. GuiseAppellate Court of Illinois · 1937
- American Terra Cotta & Ceramic Co. v. Bankers Surety Co.Appellate Court of Illinois · 1916
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