Opinion
Gen. No. 40,834. (Abstract of Decision.)
Opinion filed July 1, 1941 Rehearing denied September 17, 1941
LANDLORD AND TENANT, § 274 — distress proceeding, judgment. In distress for rent proceeding, where monthly rental was $477.50, and a rider to the lease was ambiguous, court properly allowed defendant to prove that provision for $5,000 for the first month's rental included a deposit of $4,500 for security, and after deducting amount due for two months' rent from the deposit, gave defendant judgment for the balance of his counterclaim, but since defendant did not ask for return of property distrained, trial court properly refused defendant's request for judgment for the value of the goods.
See Callaghan's Illinois Digest same topic and section number.
Appeal from the Circuit Court of Cook county; Hon. ROMAN E. POSANSKI, presiding.
Affirmed. Heard in second division, first district, this court at October term, 1939.
Irving D. Levin and Jacob Brisgall, for appellants;
John F. Tyrrell and Alexander W. Jamieson, for appellees;
Paul J. Donovan, of counsel.
"Not to be published In full." Opinion filed July 1, 1941; rehearing denied September 17, 1941