National Tea Co. v. 4600 Club, Inc.

Plaintiff brought this action under the forcible entry and detainer statute (Ill. Rev. Stat. 1973, ch. 57, par. 1 et seq.) to obtain possession of commercial premises it leased to defendant. The trial court, sitting without a jury, found that plaintiff was entitled to possession of the premises and on December 18, 1974, entered an order for possession in favor of plaintiff and approved a bond to serve as payment for use and occupancy. Defendant contends that the trial court erred in (1) failing to find that plaintiff was estopped from asserting a right to possession of the premises and (2)…