Peck v. Ledwidge
Illinois Supreme Court
The appellant leased to appellee a steam mill for twelve months. The lease was in the usual form. The rent was to be paid quarterly, at the rate of five hundred dollars per annum. The mill was to be delivered up at the end of the term in as good repair as when it was received, reasonable wear and unavoidable accidents excepted.
Read the full summary
The appellant leased to appellee a steam mill for twelve months. The lease was in the usual form. The rent was to be paid quarterly, at the rate of five hundred dollars per annum. The mill was to be delivered up at the end of the term in as good repair as when it was received, reasonable wear and unavoidable accidents excepted. The lessee brought his action for repairs, to the extent of $160, before a justice of the peace, crediting the lessor with ninety-five dollars on account of rent, leaving due to lessee, on account of repairs, sixty-five dollars. Lessor filed his claim for rent,…
1Opinion of the CourtCaton, C. J.
The qualification to the fifth instruction, asked by the defendant, was wrong. It told the jury that if they found that the defendant had agreed to pay for the repairs of the mill, then they should not allow rent during the suspension for the repairs. This is a misconstruction of the lease, or of the supposed subsequent agreement to pay for the repairs. The lease is in the ordinary form, and binds the lessee to pay the lessor rent during the whole term, no matter what might befall the premises. There is «then nothing in the lease to justify this qualification. Nor does it by any means follow…
2Cited by4 opinions
- Humiston, Keeling & Co. v. WheelerIllinois Supreme Court · 1898
- Smith v. McLeanAppellate Court of Illinois · 1887
- Watson v. MoultonAppellate Court of Illinois · 1902
- Wieler v. DiverIndiana Court of Appeals · 1922