Mitchell v. Hannah
Appellate Court of Illinois
Injunetional proceeding. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court.
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Injunetional proceeding. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellees, the owners of ■ the Brevoort House in Chicago, leased a store room on the first floor of said building to appellant for the term of five years from January 1, 1903. The lease contained the following clause: “In case said premises shall be rendered untenantable by fire or other casualty, the lessor may, at his option, terminate this lease, or repair said premises within thirty days, and…
1Opinion of the CourtJustice Baker
There is no precedent either for this bill or for the order for a temporary injunction made upon it.
The lease was complete. The defendant took possession under it, and the question whether the effects of the fire were such as to give to the complainants, the lessors, the right to terminate the lease, under its terms, could be fully tried in a proceeding under the Forcible Entry and Detainer Act. The complainants had, therefore, a plain, adequate and complete remedy at law, and the case stated in the bill does not come within the jurisdiction of a court of equity. The doctrine that when there…
2Cases cited2 opinions
- Parker v. ShannonIllinois Supreme Court · 1885
- Cleland v. FishIllinois Supreme Court · 1867
3Cited by2 opinions
- Pope v. PopeAppellate Court of Illinois · 1972
- Baldassano v. AccetturaAppellate Court of Illinois · 1949