Gazzolo v. Chambers
Illinois Supreme Court
Appeal from the Circuit Court of Cook county ; the Hon. Johh G. Eogebs, Judge, presiding. This was an action of covenant, brought by Jerome B. Chambers and Beverly E. Chambers against Frank Gazzolo, on ah implied covenant for quiet enjoyment, there being no express covenant of that kind in the lease sued on.
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Appeal from the Circuit Court of Cook county ; the Hon. Johh G. Eogebs, Judge, presiding. This was an action of covenant, brought by Jerome B. Chambers and Beverly E. Chambers against Frank Gazzolo, on ah implied covenant for quiet enjoyment, there being no express covenant of that kind in the lease sued on. The lease bore date Jan. 13, 1872, and, after naming the parties, witnessed that Gazzolo “ has agreed to let, and does hereby let and demise,” unto the plaintiffs, the first floor or store room of the building Ho. 77 West Madison street, in Chicago, etc., to be occupied for the sale of…
1Opinion of the CourtJustice Scott
This action was brought in covenant on a lease. The question raised is whether the lessor was .obligated to put the lessees in possession of the demised premises.
The store-room had been occupied by the Mosslers, who held over after their tenancy had expired. Hie principal breach assigned in the declaration is, the lessees had been kept out of possession by the former tenants refusing to surrender the premises. The averment in the third count, that the defendant covenanted the plaintiff should have quiet possession of the premises on the 1st day of May, 1872, is not sustained by the proof. The…
2Cases cited2 opinions
- Hatfield v. FullertonIllinois Supreme Court · 1860
- Schalck v. Quirk, Pennsylvania Court of Common Pleas, Schuylkill County1873
3Cited by31 opinions
- Herpolsheimer v. ChristopherNebraska Supreme Court · 1906
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- West Side Trust & Savings Bank v. LopotenIllinois Supreme Court · 1934
- King v. ReynoldsSupreme Court of Alabama · 1880
- Harms v. McCormickIllinois Supreme Court · 1889
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