Legal Opinion

Schumann Piano Co. v. Mark

Illinois Supreme Court

Decided February 17, 1904PublishedCited by 10 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. This was an action of forcible detainer, commenced on July 30, 1901, by appellees, partners, kno.wn as Mark Manufacturing Company, against appellant, the Schumann Piano Company, a corporation, before a justice of the peace in Cook county,’ to recover possession of the first, fourth and fifth floors of a building known as Nos. 123 and 125 LaSalle avenue, in the city of Chicago. Judgment was there entered in favor of the Mark…

1Opinion of the CourtJustice Scott

Appellant refused to pay the rent due July 1, 1901, which was the rent for the ensuing month, for the reason that it claimed a larger amount due from the landlord on account of the failure of the landlord to furnish heat as provided by the lease. It is conceded by appellant that in this suit for forcible detainer it cannot successfully defend by showing that such damages exceeded the amount of rent due, but it is contended that appel-. lees could not maintain this suit for the premises involved herein, for the reason that on the same day that this suit was begun another suit in forcible…

2Cases cited1 opinion

  1. Jackson ex dem. Norton v. SheldonNew York Supreme Court · 1826

3Cited by10 opinions

  1. Cashman v. VickersMontana Supreme Court · 1924
  2. Hurst v. DavisWyoming Supreme Court · 1963
  3. James v. LangleyAppellate Court of Illinois · 1944
  4. Truman v. RodeschAppellate Court of Illinois · 1912
  5. Geiger v. BrownAppellate Court of Illinois · 1912

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