Wheeler v. Frankenthal & Bro.
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was an action of forcible detainer, brought by Frankenthal & Bro., against John S. Wheeler, for the recovery of certain mill property. ^.; 5, The proof showed that the plaintiffs leased the property to the defendant for one year, commencing on the first day of August, 1873, and that on July 1,1874, the plaintiffs agreed, verbally, to lease the mill for another year, part…
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Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was an action of forcible detainer, brought by Frankenthal & Bro., against John S. Wheeler, for the recovery of certain mill property. ^.; 5, The proof showed that the plaintiffs leased the property to the defendant for one year, commencing on the first day of August, 1873, and that on July 1,1874, the plaintiffs agreed, verbally, to lease the mill for another year, part payment to be made in repairs, and that, under this agreement, the defendant, before August 1,1874, made repairs to the…
1Opinion of the CourtJustice Scholfield
The first question made on the giving and refusal of instructions by the court below, is:in an action of forcible entry and detainer, when the defendant sets up a contract whereby he claims to have rented the premises from the plaintiff, can the plaintiff be allowed to avail of the objection that the contract is not in writing, and that evidence of it is, therefore, inadmissible under our statute entitled “ Frauds and Perjuries?”
It is not, perhaps, entirely accurate to say, as is said in the plaintiffs’ first instruction, that a parol contract, where the statute requires the contract shall be…
2Cases cited5 opinions
- Scott v. BushMichigan Supreme Court · 1873
- Warner v. HaleIllinois Supreme Court · 1872
- Comes v. LamsonSupreme Court of Connecticut · 1844
- Comstock v. WardIllinois Supreme Court · 1859
- Olt v. LohnasIllinois Supreme Court · 1858
3Cited by29 opinions
- Cochran v. WardIndiana Court of Appeals · 1892
- McGinnis v. FernandesIllinois Supreme Court · 1888
- Marr v. RayIllinois Supreme Court · 1894
- Osborne v. KimballSupreme Court of Kansas · 1889
- FirstMerit Bank, N.A. v. InksOhio Supreme Court · 2014
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