Klein v. O'Brien

Full title: J. N. Klein, Appellant, v. Richard T. O'Brien, Appellee

Court: Appellate Court of Illinois, Second District

Date published: Apr 25, 1949

337 Ill. App. 389 (Ill. App. Ct. 1949)

86 N.E.2d 296

Opinion

Term No. 49F18. (Abstract of Decision.)

Opinion filed April 25, 1949 Released for publication May 25, 1949

LANDLORD AND TENANT, § 272^_ — fact question in distress action. In landlord's distress action for rent and damages based upon tenant's failure to faithfully perform covenants of a farm lease, whether landlord was entitled to damages on account of tenant's failure to plant wheat, corn or oats or to save wheat straw was for trier of facts, where evidence as to performance of lease was conflicting.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Clay county; the Hon. FRANKLIN R. DOVE, Judge, presiding.

Judgment affirmed. Heard in this court at the February term, 1949.

Meyer Meyer, for appellant;

no appearance, for appellee.

Opinion by PRESIDING JUSTICE CULBERTSON.

Not to be published in full. Opinion filed April 25, 1949; released for publication May 25, 1949.