From Casetext: Smarter Legal Research

Gierash v. Babiarz

Appellate Court of Illinois, First District
Dec 28, 1948
336 Ill. App. 223 (Ill. App. Ct. 1948)

Opinion

Gen. No. 44,556. (Abstract of Decision.)

Opinion filed December 28, 1948 Released for publication January 14, 1949

LANDLORD AND TENANT, § 119failure of tenant to procure insurance. Provisions of lease providing that tenant would pay for plate glass and dram shop insurance were to be construed as a simple agreement by tenant to pay whatever plate glass and dram shop insurance premiums the landlord paid during term of lease; hence tenant could not be in default for failure to secure and pay for dram shop insurance until landlord had procured and paid for such insurance.

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

Appeal from the Municipal Court of Chicago; the Hon. J.M. BRAUDE, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1948.

Mitchell Kilanowski, for appellant;

David H. Caplow and Leo Wykell, for appellee.


Not to be published in full. Opinion filed December 28, 1948; released for publication January 14, 1949.


Summaries of

Gierash v. Babiarz

Appellate Court of Illinois, First District
Dec 28, 1948
336 Ill. App. 223 (Ill. App. Ct. 1948)
Case details for

Gierash v. Babiarz

Case Details

Full title:John J. Gierash, Appellant, v. Stanley A. Babiarz, Appellee

Court:Appellate Court of Illinois, First District

Date published: Dec 28, 1948

Citations

336 Ill. App. 223 (Ill. App. Ct. 1948)
83 N.E.2d 183

Citing Cases

United Stores of America, Inc. v. Fireman's Fund Ins. Co.

The Court held that the lease provided no time in which the premiums had to be paid. They were due when the…

United Stores of Am. v. Fireman's Fund Ins. Co.

The appellants cite two opinions from intermediate appellate courts in Illinois for the proposition that we…