Leavitt v. Stern
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G-. Windes, Judge, presiding. Judgment by confession under warrant of attorney was entered in favor of appellee, against appellant, in the circuit court of Cook county, February .6, 1894, for unpaid rent for a theater building in Chicago.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G-. Windes, Judge, presiding. Judgment by confession under warrant of attorney was entered in favor of appellee, against appellant, in the circuit court of Cook county, February .6, 1894, for unpaid rent for a theater building in Chicago. By agreement of parties the judgment was opened to allow defendant to make his defense, and the following stipulation was filed: “Whereas, it is claimed by said defendant that the plaintiff herein agreed orally to lease…
1Opinion of the CourtJustice Carter
This is assumpsit for rent due on a lease, and the first question for solution is, was the evidence offered by the defendant under the stipulation and excluded by the trial court, competent to prove that the lease- was terminated, canceled or surrendered before the rent accrued? The lease was an instrument under seal, and appellant sought to show that fourteen months before the end of the term created by it, it was canceled by the parol agreement for a new lease for a term of six years. The Statute of Frauds must be regarded as pleaded under the stipulation. In Loach v. Farnum, 90 Ill. 368,…
2Cases cited8 opinions
- Chapman v. McGrewIllinois Supreme Court · 1858
- Loach v. FarnumIllinois Supreme Court · 1878
- McGinnis v. FernandesIllinois Supreme Court · 1888
- Creighton v. SandersIllinois Supreme Court · 1878
- Worrell v. ForsythIllinois Supreme Court · 1892
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3Cited by15 opinions
- Sterenberg v. BeachAppellate Court of Illinois · 1920
- Starin v. KraftIllinois Supreme Court · 1898
- Quinn v. Stark County Telephone Co.Appellate Court of Illinois · 1905
- R. D. Bond and S. H. French, Inc., a Pennsylvania Corporation v. Oak Manufacturing Company, an Illinois CorporationCourt of Appeals for the Third Circuit · 1961
- Westgate v. City of AuroraAppellate Court of Illinois · 1923
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