Bond Stores, Inc. v. the Chicagoan, Inc.

Full title: Bond Stores, Inc., Appellee, v. The Chicagoan, Inc. and Hotel Chicagoan…

Court: Appellate Court of Illinois, First District

Date published: May 20, 1940

305 Ill. App. 487 (Ill. App. Ct. 1940)

27 N.E.2d 478

Opinion

Gen. No. 40,953. (Abstract of Decision.)

Opinion filed May 20, 1940

LANDLORD AND TENANT, § 137^_ — lessee's option to demand extra space. Lower court properly granted plaintiff summary judgment in forcible entry and detainer proceedings, where plaintiff's lease gave it the right to request and obtain additional space upon notice, defendant's lease was subject to such provision, and plaintiff did not have to allege as condition precedent that its merchandising needs required the extra space.

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

Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1939.

Adolph J. Sabath, R.P. Perlman and Theodore E. Rein, for appellants;

Theodore E. Rein, of counsel;

Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellee;

Herbert M. Lautmann, Jesse H. Brown and Isaac E. Ferguson, of counsel.

Opinion by PRESIDING JUSTICE MATCHETT.

"Not to be published in full." Opinion filed May 20, 1940.