Opinion
Gen. No. 42,330. (Abstract of Decision.)
Opinion filed February 2, 1944
LANDLORD AND TENANT, § 299.1 — when judgment for lessee for constructive eviction will be reversed. On lessor's appeal from judgment for lessee of sandwich stand, who sued for compensatory and exemplary damages for constructive eviction, held that giving of certain instructions constituted reversible error and also that there were deficiencies in proof of damages and basis for exemplary damages, and that judgment would be reversed and cause remanded.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ORAL P. TUTTLE, Judge, presiding.
Judgment reversed and cause remanded. Heard in the third division, first district, this court at the October term, 1942.
Bernard W. Vinissky and Julius S. Neale, for appellant;
Meyer A. Ginsburg and Otto W. Berg, for appellee.
Not to be published in full. Opinion filed February 2, 1944.