Opinion
Gen. No. 43,940. (Abstract of Decision.)
Opinion filed February 17, 1948 Rehearing denied April 5, 1948 Released for publication April 5, 1948
LANDLORD AND TENANT, § 171 — appropriation of leased premise as constructive eviction. Where small portion of leased premises was taken under condemnation proceedings without knowledge or consent of lessee, and deed thereto was given to county by lessor, leaving remaining portion susceptible of occupancy under lease, such taking did not constitute constructive eviction of lessee, and did not relieve him of payment of any part of rent provided by lease.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JACOB BERKOWITZ, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the December term, 1946.
John Tone Kelly, for appellant;
Herbert J. Theisen, Harry S. Greenstein and Harry F. Brewer, for appellee.
Not to be published in full. Opinion filed February 17, 1948; rehearing denied April 5, 1948; released for publication April 5, 1948.