Wistain v. Phillips Petroleum Co.

This is a forcible detainer action to gain possession of the premises located at the southeast corner of 34th Street and South Harlem Avenue, Berwyn, Illinois. The court denied motion of plaintiffs for summary judgment, and upon the pleadings found for the defendants, and dismissed the suit. Plaintiffs have appealed.

Plaintiffs and the Phillips Company made a 5-year written lease in August 1942. The lease provided for a base rental of $25 per month. In August 1947 the Company exercised an option given it in the lease and the tenancy was extended for an additional 5-year term with a base rental…