Sell v. Branen

Mr. Presiding Justice Harker

delivered the opinion of the Court.

On December 1, 1893, James M. Phelps while occupying a certain hotel building in Sycamore, Illinois, known' as “ Winn’s Hotel,” under a lease from testamentary trustee of Lewis Winn, deceased, entered into an agreement in writing with appellee whereby he leased to appellee two front rooms in the hotel, which had been used for a saloon until the 1st of November, 1895, for $50 per month. In the writing it was provided that Phelps should retain and have the use of the rooms for any purpose excepting the retailing of intoxicating…