Alschuler v. Schiff
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This was an action brought by appellee, against appellant, to recover rent for the months of February, March and April, 1894,' at $68 per month, on a lease under seal, dated April 5, 1893, and expiring April 30,1894. At the May term, 1894, of the Superior Court of Cook county a trial by jury was had, resulting in a verdict for defendant, appellant here. This verdict was, on motion, set aside and a new trial ordered. On the…
1Opinion of the CourtJustice Phillips
court:
The only question presented for the consideration of this court is, whether the evidence offered by defendant should have been submitted to the jury,—whether the defense relied on, if established, would have authorized the jury to return a verdict in his favor. In other words, the question is whether the surrender of a written lease under seal can be shown by parol testimony. If it can, then the question as to whether there was a surrender of the lease was one of fact, which should have been submitted to the jury. '
There can no longer be any contention in this State over the general…
2Cases cited6 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- White v. WalkerIllinois Supreme Court · 1863
- Chapman v. McGrewIllinois Supreme Court · 1858
- Allen v. JaquishNew York Supreme Court · 1839
- Baker v. PrattIllinois Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Peirce v. ConantAppellate Court of Illinois · 1964
- Wohl v. YelenAppellate Court of Illinois · 1959
- Becker v. BeckerIllinois Supreme Court · 1911
- McNeill v. Harrison & Sons, Inc.Appellate Court of Illinois · 1936
- Yockey v. MarionIllinois Supreme Court · 1915
33 more not listed; retrieve them via the Exa API.