Northern Trust Co. v. Watson

Full title: Northern Trust Company, Trustee Under the Will of Daniel Burkhartsmeier…

Court: Appellate Court of Illinois, First District

Date published: Apr 23, 1941

310 Ill. App. 263 (Ill. App. Ct. 1941)

33 N.E.2d 897

Opinion

Gen. No. 41,478. (Abstract of Decision.)

Opinion filed April 23, 1941

FORCIBLE ENTRY AND DETAINER, § 73^_ — sufficiency of evidence. In forcible detainer proceedings against farm tenant, lower court erred in granting plaintiff judgment notwithstanding verdict, where notice was insufficient because signed by a trustee and a certain company which involved two legal entities, one a partnership and the other a corporation, no evidence was offered showing that either the signers of the notice was entitled to possession, and defendant's oral lease entered into August 18, 1939, to begin March 1, 1940, and to continue until March 1, 1941, was not barred by statute of frauds because planting of wheat, hauling of manure and plowing constituted part performance.

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

Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.

Judgment reversed and cause remanded with directions. Heard in third division, first district, this court at October term, 1940.

Albert H. Krusemark, for appellant;

Albert H. Krusemark, Jr., of counsel;

Campbell, Clithero Fischer, for appellees.

Opinion by JUSTICE DENIS E. SULLIVAN.

"Not to be published in full." Opinion filed April 23, 1941.