Opinion
Gen. No. 43,860. (Abstract of Decision.)
Opinion filed January 6, 1947 Released for publication January 20, 1947
LANDLORD AND TENANT, § 209 — statutory double rent for wilfully withholding possession as based on reasonable rental value. In action for double rent provided by statute for wilfully withholding possession of apartment, burden of proving reasonable rental value was upon plaintiff, and judgment for double rental value of $57.50 per month for period in question would be affirmed, where such amount was rental paid by original tenant from whom defendant subleased, and no increase for period was authorized by Office of Price Administration acting under Federal Emergency Price Control Act (Ill. Rev. Stat. 1945, ch. 80, par. 2; Jones Ill. Stats. Ann. 72.02).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JACOB BERKOWITZ, Judge, presiding.
Affirmed. Heard in the second division, first district, this court at the October term, 1946.
Howard D. Geter, for appellants;
Sonnenschein, Berkson, Lautmamn, Levinson Morse, for appellee;
Isaac E. Ferguson and Ben Liss, of counsel.
Not to be published in full. Opinion filed January 6, 1947; released for publication January 20, 1947.