Kiernan v. Bush Temple of Music Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. This is an appeal from the judgment of the Appellate Court affirming a decree of the circuit court in sustaining a demurrer to and dismissing the appellant’s bill for want of equity.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. This is an appeal from the judgment of the Appellate Court affirming a decree of the circuit court in sustaining a demurrer to and dismissing the appellant’s bill for want of equity. The allegations of the bill necessary to an understanding of the questions herein involved are substantially as follows: On and prior to April 30, 1902, Mary J. Bush, B. Frank Bush and William L. Bush, trustees and executors of the estate of…
1Opinion of the CourtJustice Farmer
The theory of appellant’s bill relating to the right claimed by the appellees to turn off the light and heat from the theater and determine the lease for non-payment of rent is, that the lease bound the lessor to furnish appellant with an auditorium and stage so constructed that appellant would be authorized, under the ordinances of the city, to use movable scenery on the stage in giving performances. Section 164 of the building ordinances of the city is as follows:
“Sec. 164. Buildings of class 4 embrace all buildings in which no movable scenery is used upon the stage thereof. Class 5…
2Cited by3 opinions
- Koenigshofer v. ShumateAppellate Court of Illinois · 1966
- Eskin v. FreedmanAppellate Court of Illinois · 1964
- William A. Duguid Co. v. Hundman Rental PropertiesAppellate Court of Illinois · 1982