Legal Opinion

Creighton v. Sanders

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 19 opinions

Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of forcible detainer, brought by Patrick Sanders against Charles Creighton, before a justice of the peace, for the possession of certain real estate in the city of Chicago, and taken by appeal to the circuit court, where a trial was had resulting in a verdict and judgment in favor of the plaintiff.

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Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of forcible detainer, brought by Patrick Sanders against Charles Creighton, before a justice of the peace, for the possession of certain real estate in the city of Chicago, and taken by appeal to the circuit court, where a trial was had resulting in a verdict and judgment in favor of the plaintiff. The weight of the evidence seems to show that the defendant having, for several years before, been in the possession of the premises as a tenant of the plaintiff, on the fourth day of July,…

1Opinion of the CourtJustice Scott

Conceding the contract for leasing was for a period of five years, as defendant insists it was, still, as it was a mere verbal contract, and never reduced to writing, it was, for that reason, within the operation of the Statute of Frauds, and could not be made a ground of defense to an action by the landlord to recover possession of the premises. The fact there was. a part performance of the contract does not, at law, take the case out of the operation of the Statute of Frauds. So this court has expressly ruled in Warner v. Hale, 65 Ill. 395, and Wheeler v. Frankenthal, 78 id. 124.

The utmost…

2Cases cited1 opinion

  1. Warner v. HaleIllinois Supreme Court · 1872

3Cited by19 opinions

  1. Wolke v. FlemingIndiana Supreme Court · 1885
  2. Leavitt v. SternIllinois Supreme Court · 1896
  3. Sterenberg v. BeachAppellate Court of Illinois · 1920
  4. W. T. Grant Co. v. JaegerAppellate Court of Illinois · 1922
  5. Donohue v. Chicago Bank Note Co.Appellate Court of Illinois · 1891

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