Legal Opinion

People Ex Rel. Nelson v. West Town State Bank

Illinois Supreme Court

Decided February 13, 1940No. 25275. Appellate Court reversed; decree of circuit court modified and affirmedPublishedCited by 13 opinions

1Opinion of the CourtJustice Jones

The question in this case is: Where the receiver of a banking corporation timely disaffirms a lease to the bank, containing no provision for damages for breach of a covenant to pay rent, can the lessor maintain a claim for rent accruing after such disaffirmance or for anticipatory damages for breach of the covenant?

In April, 1919, Margaret O’Neil Lawson executed a lease, in which her husband joined, to the West Town State Bank, of certain premises in the city of Chicago for a term of forty-five years, expiring April 30, 1964. The bank agreed to pay an annual rental of $1600 and all taxes,…

2Cases cited19 opinions

  1. Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
  2. William Filene's Sons Co. v. WeedSupreme Court of the United States · 1918
  3. Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
  4. Chapman v. KirbyIllinois Supreme Court · 1868
  5. Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814

14 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Hawkinson v. JohnstonCourt of Appeals for the Eighth Circuit · 1941
  2. Miner v. Fashion Enterprises, Inc.Appellate Court of Illinois · 2003
  3. Infinity Broadcasting Corporation of Illinois v. The Prudential Insurance Company of AmericaCourt of Appeals for the Seventh Circuit · 1989
  4. Toushin v. GonskyAppellate Court of Illinois · 1979
  5. Utex Exploration Company v. Archie Garwood, R. C. Gerlach and W. E. BozmanCourt of Appeals for the Tenth Circuit · 1957

8 more not listed; retrieve them via the Exa API.

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