Haven & White v. Wakefield
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county. This was a suit in chancery instituted in the court below, by John Wakefield and several others, partners, and with Otis Haven, composing a firm under the name and style of the “Summerfield Building company,” against the same Otis Haven and Charles W. White, partners, composing^ another firm, engaged in the business of raising broom-corn, and the manufacture of brooms therefrom.
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Appeal from the Circuit Court of St. Clair county. This was a suit in chancery instituted in the court below, by John Wakefield and several others, partners, and with Otis Haven, composing a firm under the name and style of the “Summerfield Building company,” against the same Otis Haven and Charles W. White, partners, composing^ another firm, engaged in the business of raising broom-corn, and the manufacture of brooms therefrom. The object of the bill was to recover from the defendants the rents which were alleged to have accrued under a lease of certain premises to them by the complainants.…
1Opinion of the CourtChief Justice Walker
It is insisted that the contract in this case does not amount to a lease of the premises, because the ground on which the building was erected did not belong to appellees when the agreement was executed, nor was the building then in existence. A fair and reasonable construction of the contract, we think, bound appellants for the yearly payment of the stipulated sum as rents; but it gave them the election by which it could be changed from a lease to a purchase of the property, within the period limited for the purpose. And it provided that the money previously paid as rent, if they elected to…
2Cited by12 opinions
- Rubens v. HillIllinois Supreme Court · 1904
- Industrial Works v. MitchellMichigan Supreme Court · 1897
- Wheeler v. KuhnsSupreme Court of Colorado · 1886
- Ramsey v. TullyAppellate Court of Illinois · 1883
- Thompson v. Young, Colbourn & Co.Court of Appeals of Maryland · 1899
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