Earp v. Schmitz

This is a forcible detainer action to gain possession of a one story factory building at 4227 North Knox Avenue, Chicago. Trial by the court without a jury resulted in a finding and judgment for defendants. Plaintiffs have appealed.

Plaintiff Leon Earp, about the year 1936, went to work as a salesman for the Central Architectural Iron Works, a Corporation, “owned” by defendant Schmitz. In 1941 Earp and Schmitz formed a partnership to succeed the corporation and used the corporate name. In 1942 they made a lease for the Knox Avenue plant. The lease contained an option to purchase for about…