Gorham v. Farson
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. H. M. Shepard, Judge, presiding.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. H. M. Shepard, Judge, presiding. On the 1st day of May, A. D. 1881, Preston, Kean & Co., by their agent, James Payne, entered into an agreement in writing, under seal, with Gilbert A. Colby, whereby they demised to him the smelting works located on block numbered 4, (except streets and alleys,) of Crocker & Stone’s subdivision of ten acres north of and adjoining the west twenty-two and one-half acres of the north five-eighths of the north-east quarter of…
1Opinion of the CourtJustice Scholfield
By the terms of the written agreement entered into on the 1st day of May, A. D. 1881, between Preston, Kean & Co., on the one hand, and Gilbert A. Colby, on the other, there was no connection between the leasing and the sale of the property in controversy, farther than when the terms in regard to the sale were complied with, the lease, would expire. There was no stipulation, expressly, or in effect, that a failure to ¡iay rent according to the terms in regard to the rénting should bar or impair the right of Colby to purchase, or that any arrears for rent should be a charge upon the land as…
2Cases cited2 opinions
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