Hoffman v. Clark Street Roadhouse, Ltd.

Plaintiff, as lessor, brought this action for forcible entry and detainer (Ill. Rev. Stat. 1977, ch. 80, par. 8) against the lessee, Clark Street Roadhouse, Ltd., an Illinois corporation. Following a bench trial, the trial court ruled that payment of rent in the form of third-party checks does not constitute a valid tender and, therefore, entered a judgment for possession in favor of Hoffman. Clark Street appeals.

The following pertinent evidence was adduced at trial.

On August 1, 1975, plaintiff and defendant executed a 10-year lease for the first floor of the building at 2727 N. Clark Street.…