Opinion
Gen. No. 42,631. (Abstract of Decision.)
Opinion filed February 10, 1944
CONFESSION OF JUDGMENT, § 64 — sufficiency of tenant's verified petition to open landlord's confession judgment on lease. Tenant's verified petition to open landlord's confession judgment on lease for rent of first floor of two story building, to roof of which, as alleged by tenant, it had no access, held to state prima facie case of constructive eviction through landlord's failure to make necessary repairs of leaks in roof, with result, as claimed by tenant, that carrying on of its business in demised premises was impossible and it was therefore required to vacate such premises.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. EUGENE J. HOLLAND, Judge, presiding.
Order reversed and cause remanded with directions. Heard in the second division, first district, this court at the April term, 1943.
Lewis W. Schlifkin and Edwin M. Katz, for appellant;
Paul R. Shanoff, for appellee.
Not to be published in full. Opinion filed February 10, 1944.