Opinion
Gen. No. 43,350. (Abstract of Decision.)
Opinion filed April 30, 1945 Released for publication May 14, 1945
ACTIONS AND SUITS, § 7 — failure to state cause of action. In action designated assumpsit, where complaint alleged that plaintiffs subleased from defendant furnished apartment building to be used as rooming house, and purchased such business conducted there, and that plaintiffs were in possession for 15 months, and rent due for this occupancy under agreement amounted to $3,375, but plaintiff claimed damages resulting from physical condition of premises, namely, loss rentals $450, deposit $750, loss of profits $2,500, held that pleading failed to state cause of action on any theory, whether contract, express or implied, or in tort.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the February term, 1945.
Robert H. Holmes, for appellants;
John R. Hlavacka, for appellee;
John W. Golosinec, of counsel.
Not to be published in full. Opinion filed April 80, 1945; released for publication May 14, 1945.