Legal Opinion

Humiston, Keeling & Co. v. Wheeler

Appellate Court of Illinois

Decided June 14, 1897PublishedCited by 4 opinions

Debt, for rent. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding.

1Opinion of the CourtJustice Waterman

The lease being of the premises, 143 and 145 Lake street, “ with the appurtenances,” except' certain portions of the building, the land upon which the building stood and that appurtenant thereto, passed to the lessees. Wood on Landlord & Tenant, Sec. 212; Sherman v. Williams, 113 Mass. 481; Shep. Touchstone, 94.

Such being the case, the partial destruction of the building did not terminate the lease. Nonotuck Silk Co. v. Shay, 37 Ill. App. 542.

Did appellee, by rebuilding, release appellant from its liability as a tenant ?

Had appellee done, nothing, appellant would have had to pay rent to the…

2Cases cited8 opinions

  1. Scott v. BeecherMichigan Supreme Court · 1892
  2. Sherman v. WilliamsMassachusetts Supreme Judicial Court · 1873
  3. Stewart v. SpragueMichigan Supreme Court · 1888
  4. Lane v. NelsonSupreme Court of Pennsylvania · 1895
  5. Hitchcock v. Griffin & Skelley Co.Michigan Supreme Court · 1894

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

3Cited by4 opinions

  1. Wanderer v. Plainfield Carton Corp.Appellate Court of Illinois · 1976
  2. Higgins v. StreetSupreme Court of Oklahoma · 1907
  3. Spikings v. FoxAppellate Court of Illinois · 1908
  4. Robinson v. HenaghanAppellate Court of Illinois · 1901

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