Grant v. Chicago Hair Goods Co.

Full title: Gerald Grant and Robert L. Grant, Trading as Grant's Art Galleries…

Court: Appellate Court of Illinois, First District

Date published: Feb 17, 1941

308 Ill. App. 441 (Ill. App. Ct. 1941)

32 N.E.2d 175

Opinion

Gen. No. 41,427. (Abstract of Decision.)

Opinion filed February 17, 1941 Rehearing denied March 3, 1941

LANDLORD AND TENANT, § 184^_ — "bookie" conducted by another tenant, as not constructive eviction. In action for rent lower court properly found that there was no constructive eviction, for although there was a "bookie" gambling establishment on the premises which might have interfered with defendant's business, evidence showed that defendant had been aware of this for about 4 years and had never protested, but the first protest came after he had signed a lease for the premises next door.

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

Appeal from Municipal Court of Chicago; Hon. FRANK M. PADDEN, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1940.

Sinon A. Murray, for appellant;

Louis A. Rosenthal and Raymond I. Suekoff, of counsel;

V.D. McConnell, for appellees.

Opinion by PRESIDING JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed February 17, 1941; rehearing denied March 3, 1941.