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Ebert v. Armstrong

Appellate Court of Illinois, Chicago, First District
Dec 18, 1945
327 Ill. App. 332 (Ill. App. Ct. 1945)

Opinion

Gen. No. 43,122. (Abstract of Decisions.)

Opinion filed December 18, 1945 Rehearing denied January 2, 1946 Released for publication January 2, 1946

LICENSES TO ENTER LAND, § 9when equity court will enjoin revocation of license. Where under terms of oral agreement, plaintiff was to have lifetime use of driveway across defendant's property, which was only means of access to garage building housing roofing business which plaintiff had purchased from defendant, and defendant later threatened to revoke such license unless plaintiff paid for use of driveway, held that court of equity would enjoin defendant from doing so for reason that it would operate as equitable fraud upon plaintiff.

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

Appeal from the Superior Court of Cook county; the Hon. JOHN J. LUPE, Judge, presiding.

Decree affirmed. Heard in the second division, first district, this court at the June term, 1944.

Brown, Cox Wexman, for appellant;

Hurford Feigenholtz, for appellee;

Harold L. Feigenholtz and Eugene A. Busch, of counsel.


Not to be published in full. Opinion filed December 18, 1945; rehearing denied January 2, 1946; released for publication January 2, 1946.


Summaries of

Ebert v. Armstrong

Appellate Court of Illinois, Chicago, First District
Dec 18, 1945
327 Ill. App. 332 (Ill. App. Ct. 1945)
Case details for

Ebert v. Armstrong

Case Details

Full title:Clark R. Ebert, Appellee, v. Austin C. Armstrong, Appellant

Court:Appellate Court of Illinois, Chicago, First District

Date published: Dec 18, 1945

Citations

327 Ill. App. 332 (Ill. App. Ct. 1945)
64 N.E.2d 212