Opinion
Gen. No. 43,454. (Abstract of Decision.)
Opinion filed February 14, 1946 Rehearing denied March 7, 1946 Released for publication March 8, 1946
FORCIBLE ENTRY AND DETAINER, § 41 — when possession under lease was not defense to forcible entry and detainer action. Where purchaser brought forcible entry and detainer action upon defendant's refusal to vacate premises pursuant to notice, and defense offered was that written lease, which was admitted in evidence by trial court, gave defendant better right to possession than plaintiff had, and it appeared that such lease was signed by sister of owner as his agent and that there was no written authority for such agency, held that such lease was improperly admitted in evidence and judgment for plaintiff should have been entered.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. D.J. NORMOYLE, Judge, presiding.
Judgment reversed and cause remanded with directions. Heard in the second division, first district, this court at the June term, 1945.
Madden, Meecia Meyer, for appellant;
Edward D. Feinberg, of counsel;
Frank P. Zaleski, for appellees.
Not to be published in full. Opinion filed February 14, 1946; rehearing denied March 7, 1946; released for publication March 8, 1946.