John Plain Estate v. W. J. Golden

Full title: John Plain Estate, Appellee, v. W. J. Golden, Appellant

Court: Appellate Court of Illinois

Date published: Jan 4, 1949

335 Ill. App. 227 (Ill. App. Ct. 1949)

83 N.E.2d 386

Opinion

Gen. No. 10,293. (Abstract of Decision.)

Opinion filed January 4, 1949 Released for publication January 24, 1949

FORCIBLE ENTRY AND DETAINER, § 80^_ — propriety of judgment for landlord. An unenforcible oral promise by tenant under month to month lease to pay one-half of the price of installing fire escapes required by fire marshal did not constitute valid consideration for an alleged new oral tenancy agreement for a term of ten months; hence tenant's affidavit, filed with tenant's reply to landlord's motion for summary judgment, in forcible entry and detainer suit, setting up such matters did not state a legal defense to suit and judgment for landlord was proper.

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

Appeal from the Circuit Court of Kane county; the Hon. CHARLES A. O'CONNOR, Judge, presiding.

Judgment affirmed. Heard in this court at the October term, 1948.

Irwin Bloom, for appellant;

Carleton A. Shults, for appellee.

Opinion by PRESIDING JUSTICE WOLFE.

Not to be published in full.Opinion filed January 4, 1949; released for publication January 24, 1949.