Stobie v. Dills
Illinois Supreme Court
Appeal from the Circuit Court of Adams County; the Hon. Joseph Sibley, Judge, presiding. This was an action of covenant upon the following lease: (t This indenture, made this first day of January, A. D. 1867, between Harrison Dills, of Quincy, Illinois, of the first part, and Alex.
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Appeal from the Circuit Court of Adams County; the Hon. Joseph Sibley, Judge, presiding. This was an action of covenant upon the following lease: (t This indenture, made this first day of January, A. D. 1867, between Harrison Dills, of Quincy, Illinois, of the first part, and Alex. Stobie, L. H. Wilcox, and John W. Obert, Trustees of Quincy Lodge No. 139, I. O. of G. Templars, or their successors in office, of Quincy, Illinois, of the second part, witnesseth : that the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and…
1Opinion of the CourtChief Justice Lawrence
There can be no doubt that the defendants in this case are personally liable for the rent. It is true, they are described in the lease as “trustees of Quincy Lodge No. 139, I. O. of G. Templars,” but this is merely “ desoriptio personarwm.n They execute the lease as private individuals, and in the body of the instrument covenant personally to pay the rent. The point is too plain for argument, and the circuit court decided properly in refusing to receive evidence dehors the lease, as to the intent of the parties.
The only material error in this record is in sustaining the demurrer to the fifth,…
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