Kehl v. Illinois Doughnut & Cake Co.

Full title: William J. Kehl, Appellee, v. Illinois Doughnut and Cake Company, Appellant

Court: Appellate Court of Illinois

Date published: Jan 20, 1941

308 Ill. App. 318 (Ill. App. Ct. 1941)

31 N.E.2d 359

Opinion

Gen. No. 41,362. (Abstract of Decision.)

Opinion filed January 20, 1941

LANDLORD AND TENANT, § 209^_ — holding over, damages. Where industrial building rented at $155 per month was subject of hold-over tenancy for 30 days, a provision for rent in such case at $15 per day was liquidated damages rather than a penalty, but lower court improperly allowed plaintiff lessor damages for removing ashes, draining boiler and sinks, replacing burned-out grates and broken glass, and removing flour from floor, as these items were not shown to be more than ordinary wear and tear.

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

Appeal from Municipal Court of Chicago; Hon. EDWARD S. SCHEFFLER, presiding.

Affirmed upon remittitur; otherwise reversed and remanded for another trial. Heard in first division, first district, this court at October term, 1940.

Bither Bither and Luella M. Bither, for appellant;

Clyde C. Fisher, of counsel;

Epstein Steinberg, for appellee;

Herman L. Epstein, of counsel.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed January 20, 1941.