Reichelt v. Chapin Motor Sales, Inc.

Full title: M. S. Reichelt, Appellant, v. Chapin Motor Sales, Inc., and United States…

Court: Appellate Court of Illinois

Date published: Jul 1, 1941

311 Ill. App. 252 (Ill. App. Ct. 1941)

35 N.E.2d 525

Opinion

Gen. No. 41,178. (Abstract of Decision.)

Opinion filed July 1, 1941

FORCIBLE ENTRY AND DETAINER, § 99^_ — damages for withholding possession. Where plaintiff leased premises which defendant was occupying and brought a forcible detainer action upon latter's failure to surrender possession, and while appeal from such action was pending defendant vacated the premises in dispute, plaintiff could not recover amount of rent he paid under a year's lease of other property, where evidence showed that he used such other property during the term, and plaintiff was properly found to be entitled only to one month's rent for the time that defendant withheld possession of the disputed premises.

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

Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding.

Affirmed. Heard in second division, first district, this court at April term, 1940.

James G. Barber and Samuel Saxon, for appellant;

Hurford Feigenholtz, for appellees;

Harold L. Feigenholtz and Eugene A. Busch, of counsel.

Opinion by JUSTICE JOHN J. SULLIVAN.

"Not to be published in full." Opinion filed July 1, 1941.