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Schmelzer v. Kelley

Appellate Court of Illinois, First District
Nov 26, 1940
307 Ill. App. 384 (Ill. App. Ct. 1940)

Opinion

Gen. No. 41,290. (Abstract of Decision.)

Opinion filed November 26, 1940

FORCIBLE ENTRY AND DETAINER, § 73sufficiency of evidence. Plaintiff properly had judgment in forcible detainer proceedings, where defendant who rented vacant lot for used car lot tried to create a hold-over tenancy at end of term by mailing check marked rent payment for the next month, but plaintiff returned this check by registered mail, defendant could not contend plaintiff did not have right to maintain instant action, because defendant failed to prove that premises had been leased to a new tenant who would have right to sue, and evidence showed that defendant was in actual possession at time suit was instituted.

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

Appeal from Municipal Court of Chicago; Hon. JOHN T. ZURIS, presiding.

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

Norman H. Arons, for appellant;

Abraham Miller and Irving S. Berman, of counsel;

Bernard F. Johnston, for appellee.


"Not to be published in full." Opinion filed November 26, 1940.


Summaries of

Schmelzer v. Kelley

Appellate Court of Illinois, First District
Nov 26, 1940
307 Ill. App. 384 (Ill. App. Ct. 1940)
Case details for

Schmelzer v. Kelley

Case Details

Full title:George J. Schmelzer, Appellee, v. Thomas J. Kelley, Appellant

Court:Appellate Court of Illinois, First District

Date published: Nov 26, 1940

Citations

307 Ill. App. 384 (Ill. App. Ct. 1940)
30 N.E.2d 179