Opinion
Gen. No. 43,911. (Abstract of Decision.)
Opinion filed February 17, 1948 Released for publication March 9, 1948
LANDLORD AND TENANT, § 13 — lease distinguished from license. Relationship of landlord and tenant, and not that of licensor and licensee, was created between defendant and plaintiff with respect to kitchen connected with defendant's tavern, and in proceeding involving right of plaintiff to possession of kitchen without interference by such defendant and others claiming under him, decree in favor of plaintiff would be affirmed, where chancellor found that plaintiff paid to defendant $50 rent for kitchen for one month and it was agreed between them that plaintiff should have possession of kitchen for one year with privilege of selling food in tavern and dining room, and where chancellor was justified in further finding that plaintiff paid monthly rent for kitchen, kept it locked and had full and complete possession of it, and that defendant had openly and repeatedly stated that he did not have any control of kitchen and food.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN P. McGOORTY, Judge, presiding.
Decretal judgment affirmed. Heard in the second division, first district, this court at the December term, 1946.
Howard D. Geter, and Wexler Wexler, for certain appellants;
Frederick A. Smith, of counsel;
Prescott, Burroughs Taylor, for appellee;
A.M. Burroughs, Euclid Louis Taylor, Ulysses S. Keyes, of counsel.
Not to be published in full. Opinion filed February 17, 1948; released for publication March 9, 1948.