Shapiro v. Masor

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Defendant appeals from an order overruling his motion to vacate a judgment against him for $1,361.20 entered by confession under power of attorney in a written lease from plaintiff to defendant. The lease was for a period beginning July 1, 1923, and ending June 30, 1933. Defendant vacated the premises October 1,1925, claiming an eviction by the landlord. Judgment was for rental after that date.

Whether or not there was an eviction depends upon the premises demised by the lease, in which they are described as:

“The store floor only…