Mercury Electronic Laboratories, Inc. v. Krug

Full title: Mercury Electronic Laboratories, Inc., Appellee, v. Marie Krug, Appellant

Court: Appellate Court of Illinois

Date published: Feb 3, 1947

330 Ill. App. 336 (Ill. App. Ct. 1947)

71 N.E.2d 104

Opinion

Gen. No. 43,916. (Abstract of Decision.)

Opinion filed February 3, 1947 Rehearing denied February 17, 1947 Released for publication February 17, 1947

LANDLORD AND TENANT, § 96^_ — when sublease in form was not such in substance. Forfeiture of lease from defendant to plaintiff by reason of alleged subletting by plaintiff would be enjoined where evidence would support finding that defendant had given her oral consent thereto, and it appeared that although arrangement, under which part of leased premises were set off for storage of goods pledged as collateral, was subletting in form, it was in substance merely arrangement in furtherance of plaintiff's business and not in violation of lease.

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

Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the December term, 1946.

George B. Cohen, for appellant.

A.S. and E.W. Froehlich and Seymour J. Frank, for appellee.

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed February 3, 1947; rehearing denied February 17, 1947; released for publication February 17, 1947.