Rubens v. Hill
Illinois Supreme Court
' Appeal from the Appellate Court for the Second District;—heard in that court on appeal from Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding.
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' Appeal from the Appellate Court for the Second District;—heard in that court on appeal from Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding. This is an action in assumpsit, brought by appellee, Martha S. Hill, in the circuit court of Lake county against the appellant, Harry Rubens, on September 30, 1902, to recover four months’ rent at the rate of $833.33^ a month for the premises, known as Ravinoalcs, at Highland Park in the said county, a country seat consisting of a mansion and about eighteen acres of land, and also the furniture, carpets, hangings, and other…
1Opinion of the CourtJustice Magruder
Pirst—The first objection, made by the appellant, is that the lease was not admissible under the declaration, and that, therefore, its admission by the trial court was error. The charge is made that there was a variance between the allegations of the declaration and the terms of the lease, introduced in evidence. It is said that the declaration counted upon an absolute, unconditional agreement to pay money, and that the lease, offered in evidence, contained conditions precedent to be performed by appellee before appellant was bound to pay any money; and that, therefore, there was a fatal…
2Cases cited13 opinions
- Keegan v. KinnareIllinois Supreme Court · 1887
- Hayner v. SmithIllinois Supreme Court · 1872
- Mount Hope Cemetery Ass'n v. WeidenmannIllinois Supreme Court · 1891
- Palmer v. Meriden Britannia Co.Illinois Supreme Court · 1900
- Lynch v. BaldwinIllinois Supreme Court · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Jack Spring, Inc. v. LittleIllinois Supreme Court · 1972
- Jilek v. Chicago, Wilmington & Franklin Coal Co.Illinois Supreme Court · 1943
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- Foreman State Trust & Savings Bank v. TauberIllinois Supreme Court · 1932
- Lipkin v. BurnstineAppellate Court of Illinois · 1958
44 more not listed; retrieve them via the Exa API.