Carlson v. Koerner
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;•—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. o On April 21, 1902, appellee, Wilhelmina Koerner, leased to one John Carlson, husband of appellant, about 170 acres of land in Will county for a term of five years from March 1, 1903, at a rental of $658.75 per year, payable November 1 and February i of each year.
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Appeal from the Appellate Court for the Second District ;•—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. o On April 21, 1902, appellee, Wilhelmina Koerner, leased to one John Carlson, husband of appellant, about 170 acres of land in Will county for a term of five years from March 1, 1903, at a rental of $658.75 per year, payable November 1 and February i of each year. Carlson took possession March i, 1903, and continued in possession until August 14, 1904, when he died, leaving his wife, the appellant, and eight children…
1Opinion of the CourtJustice Wilkin
It is insisted by counsel for appellee that the covenant in the lease is a negative covenant and a court of equity will restrain its. violation by injunction, even though no irreparable injury is shown. It is no doubt the rule that in respect to purely negative covenants annexed to or contained in contracts or leases, courts of equity frequently interfere by injunction and indirectly enforce specific performance of such negative covenants by prohibiting their breach; and it is equally well settled that where there is such an express negative covenant, courts of equity will entertain…
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