Lunn v. Gage
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of covenant brought by George W. Cage, in the Superior Court of Chicago, against William Lunn and William H. Lunn, for the recovery of rent claimed to he due, under a lease, for a hotel and its appurtenances in Chicago.
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Appeal from the Superior Court of Chicago. This was an action of covenant brought by George W. Cage, in the Superior Court of Chicago, against William Lunn and William H. Lunn, for the recovery of rent claimed to he due, under a lease, for a hotel and its appurtenances in Chicago. The plaintiff counted upon a lease given by plaintiff to defendants, which contained in substance these provisions: “ To have and to hold the said above described premises, with the appurtenances, unto the said parties of the second part, their executors, administrators and assigns, from the 1st day of April, A. D.…
1Opinion of the CourtChief Justice Walker
Had appellant a right to abandon' the contract and remove from the premises after taking possession, under the lease ? The grounds relied upon are, that appellee had failed to erect a horse shed, a side track, or paint the house, according to his covenant in the lease. It is insisted that, without these improvements and repairs, the property was useless as a hotel, and of little or no value; but with the improvements, the house could have done a good business. The abandonment of the premises is sought to be justified upon the.ground, that the performance of these covenants were conditions…
2Cases cited1 opinion
- Baird v. EvansIllinois Supreme Court · 1858
3Cited by11 opinions
- Rubens v. HillIllinois Supreme Court · 1904
- Streeter v. StreeterIllinois Supreme Court · 1867
- Leavers v. ClearyIllinois Supreme Court · 1874
- Ingram v. FredCourt of Appeals of Texas · 1918
- Pewaukee Milling Co. v. HowittWisconsin Supreme Court · 1893
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