Legal Opinion

Friedman v. Schwabacher

Appellate Court of Illinois

Decided March 8, 1897Published

Action for Rent,—Appeal from the Circuit Court of Cook county; the Hon. Edward F. Dunne, Judge, presiding.

1Opinion of the CourtJustice Gary

All of the questions but one, presented by this case, are settled adversely to the appellant in the case of the same title as this. 64 Ill. App. 422.

That question, not there settled, is whether a fraud perpetrated by the agent of the appellees, in misrepresenting the sanitary condition of the demised premises before the lease—under seal—was made, can be shown by the appellant in avoidance of the lease, and upon that the law is that, at law, fraud in the consideration of a deed is no defense. Todd v. Mitchell, 67 Ill. App. 84; Windett v. Hurlbut, 115 Ill. 403, and Johnson v. Wilson, 33 Ill.…

2Cases cited5 opinions

  1. Canadian Bank of Commerce v. McCreaIllinois Supreme Court · 1882
  2. Windett v. HurlbutIllinois Supreme Court · 1885
  3. Johnson v. WilsonAppellate Court of Illinois · 1889
  4. Friedman v. SchwabacherAppellate Court of Illinois · 1896
  5. Todd v. MitchellAppellate Court of Illinois · 1896

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