Legal Opinion

Oppenheimer v. Szulerecki

Appellate Court of Illinois

Decided July 14, 1920No. Gen. No. 25,221Published

Appeal from the Circuit Court of Cook county; the Hon. Oscab M. Tobrison, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.

1Opinion of the Court

Mr. Presiding Justice Barnes

delivered the opinion of the court.

This is an appeal from a final decree denying complainant’s motion for a preliminary injunction, sustaining defendant's’ demurrers to the bill of complaint, and dismissing it for want of equity.

The bill is predicated on the failure and refusal of Mary Szulerecki to perform a covenant, contained in her lease of certain premises to complainant, to restore, on its destruction by fire, a building included in the lease.

The specific clauses of the lease upon which the bill is based provide that in the event the demised building, or any…

2Cases cited7 opinions

  1. Hauselt v. HarrisonSupreme Court of the United States · 1882
  2. Gregory v. MorrisSupreme Court of the United States · 1878
  3. Gardner v. SamuelsCalifornia Supreme Court · 1897
  4. Szulerecki v. OppenheimerIllinois Supreme Court · 1918
  5. Richards v. Lewis L. Arms Shingle & Lumber Co.Michigan Supreme Court · 1889

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