Foreman v. Hilton Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action at law by the Hilton Company, Inc., against Winfield A. Foreman and Roren O. Foreman. Judgment for plaintiff and defendants bring error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action at law by the Hilton Company, Inc., against Winfield A. Foreman and Roren O. Foreman. Judgment for plaintiff and defendants bring error. There is here involved right of possession after April 1, 1921, under two leases covering together the second, third, and fourth floors, part of basement, and 25 feet front on State street side of first floor, of the five and six story building on northwest corner of State street and Jackson boulevard, Chicago, agreed to be used only as a…
1Opinion of the CourtArschurer, Circuit Judge
(after stating the facts as above). The action of the District Court is assailed upon two grounds: (1) That the evidence does not show there was a 99-year lease made; and (2) that the tender and service of notice were insufficient to warrant cancellation of the lease. Involved in both propositions is the contention that there was contradictory evidence respecting questions of fact, and that it was improper to direct the verdict.
[1] The cancellation clause, by its terms, became operative if the lessors “shall desire to make a 99-year lease, * * * or shall desire to sell or rebuild the building…
2Cases cited5 opinions
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Hale v. . PattonNew York Court of Appeals · 1875
- Clark v. KeliherMassachusetts Supreme Judicial Court · 1871
- Walker v. SharpeMassachusetts Supreme Judicial Court · 1869
- Santee v. SanteeSupreme Court of Pennsylvania · 1870
3Cited by4 opinions
- Adelman v. Carson, Pirie, Scott & Co.Appellate Court of Illinois · 1928
- Ziff v. Sandra Frocks, Inc.Appellate Court of Illinois · 1947
- Bartkowski v. Albert Hoefeld, Inc.Appellate Court of Illinois · 1922
- Nauyoks v. StateCourt of Claims of Illinois · 1941