Davidson v. R. G. Lydy Parking Co.

Full title: Grace T. Davidson, Appellee, v. R. G. Lydy Parking Co., Appellant

Court: Appellate Court of Illinois, First District

Date published: Oct 23, 1944

324 Ill. App. 84 (Ill. App. Ct. 1944)

57 N.E.2d 219

Opinion

Gen. Nos. 43,071, 43,072. (Abstract of Decision.)

Opinion filed October 23, 1944 Released for publication November 6, 1944

CONFESSION OF JUDGMENT, § 17^_ — when power of attorney in lease is not terminated by lease's modification. Provision in written lease's written modification, which reduced amount of rent to be paid by lessee, that all other terms, covenants, and conditions of lease were to remain in full force and effect, held to have preserved to lessor power of attorney in lease to confess judgment for rent due, notwithstanding fact that modification was made by instrument separate from lease.

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

Appeal from the Circuit Court of Cook county and the Superior Court of Cook county; the Hon. JOHN PRYSTALSKI and JOHN C. LEWE, Judges, presiding. Judgments affirmed. Heard in the first division, first district, this court at the June term, 1944.

Perlman, Goodman, Hecht Chesler, for appellant.

Bluford, Krinsley, Schultz Voorheis, for appellee;

Victor Hedberg, of counsel.

Opinion by PRESMING JUSTICE NIEMEYER.

Not to be published in full. Opinion filed October 23, 1944; released for publication November 6, 1944.