Opinion
Gen. No. 42,010. (Abstract of Decision.)
Opinion filed April 20, 1943 Rehearing denied May 4, 1943
LANDLORD AND TENANT, § 151 — sufficiency of evidence as to acceptance of lesser amount of rent as full payment. In action for alleged balance due for rent of premises, wherein it appeared that plaintiff landlord's agent and defendant tenant entered into oral agreement respecting reduction of rent subsequent to execution of lease and occupation of premises by tenant, and where it also appeared pursuant thereto landlord accepted checks for rent in amounts less than monthly rental specified in lease, evidence established that checks were accepted in full payment and satisfaction of rents stipulated in lease, and hence judgment of trial court for plaintiff landlord for alleged balance would be reversed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. MATTHEW D. HARTIGAN, presiding.
Judgment reversed and judgment here in favor of defendants and against plaintiff. Heard in second division, first district, this court at October term, 1941.
Archie Schimberg, for appellants;
Harold J. Finder, of counsel;
George R. Fitzmaurice, for appellee.
"Not to be published in full." Opinion filed April 20, 1943; rehearing denied May 4, 1943.