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Silver Creek Coal Co. v. Bulk Service Stations

Appellate Court of Illinois, Chicago, First District
Nov 7, 1945
327 Ill. App. 220 (Ill. App. Ct. 1945)

Opinion

Gen. No. 42,848. (Abstract of Decisions.)

Opinion filed November 7, 1945 Rehearing denied November 26, 1945 Released for publication November 27, 1945

FRAUDS, STATUTE OF, § 60verbal assignment of lease as void under statute of frauds. In action for rent allegedly due under terms of ten year written lease, where plaintiff contended lease of premises was verbally assigned to defendant and defendant ratified such sublease in writing by adoption of resolution, and defendant filed motion to strike, alleging that lease was not assigned in writing as required by statute of frauds, held that verbal assignment of lease was void under statute of frauds, and resolution did not change its character.

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

Appeal from the Superior Court of Cook county; the Hon. FRANK M. PADDEN, Judge, presiding.

Judgment affirmed. Heard in the third division, first district, this court at the October term, 1943.

Daniel L. Madden, for appellant;

Edward McTiernan, of counsel;

Bippus, Rose, Burt Pierce, for appellee;

S.T. McCray, of counsel.


Not to be published in full. Opinion filed November 7, 1945; rehearing denied November 26, 1945; released for publication November 27, 1945.


Summaries of

Silver Creek Coal Co. v. Bulk Service Stations

Appellate Court of Illinois, Chicago, First District
Nov 7, 1945
327 Ill. App. 220 (Ill. App. Ct. 1945)
Case details for

Silver Creek Coal Co. v. Bulk Service Stations

Case Details

Full title:Silver Creek Coal Company, Appellant, v. Bulk Service Stations, Inc.…

Court:Appellate Court of Illinois, Chicago, First District

Date published: Nov 7, 1945

Citations

327 Ill. App. 220 (Ill. App. Ct. 1945)
63 N.E.2d 658