Norton Bros. v. Eastman
Appellate Court of Illinois
Assumpsit, on promises, etc. Trial in the Circuit Court of Cook County; tlie Hon. Richard W. Clifford, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Statement of the Case.—Appellee leased premises to appellant, upon which the latter conducted a manufacturing business. During the term of the tenancy the buildings leased were destroyed by fire. Both landlord and tenant recognized the lease as terminated by the destruction of the building.
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Assumpsit, on promises, etc. Trial in the Circuit Court of Cook County; tlie Hon. Richard W. Clifford, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Statement of the Case.—Appellee leased premises to appellant, upon which the latter conducted a manufacturing business. During the term of the tenancy the buildings leased were destroyed by fire. Both landlord and tenant recognized the lease as terminated by the destruction of the building. A controversy arose between them, however, as to the duty and liability of appellant to remove from the premises such part of the…
1Opinion of the CourtJustice Sears
But two questions- are presented upon this appeal, viz.: first, is the evidence sufficient to sustain the finding of the trial court, that appellant, through its agent, Mr. Morton, undertook to pay the sum of $375 for the removing of the debris’, and second,if such undertaking was sufficiently established by the evidence, is it supported by any valid consideration, or is it without consideration and therefore nudum pactum. The evidence as to whether appellant, through Mr. Morton, made the promise and entered into the undertaking relied upon, might appear to one reviewing it as evenly…
2Cases cited9 opinions
- McKinley v. WatkinsIllinois Supreme Court · 1851
- Parker v. EnslowIllinois Supreme Court · 1882
- Durant v. RogersIllinois Supreme Court · 1877
- Honeyman v. JarvisIllinois Supreme Court · 1875
- Dickinson v. GrayAppellate Court of Illinois · 1897
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