Opinion
Gen. No. 42,696. (Abstract of Decision.)
Opinion filed November 6, 1944 Rehearing denied November 21, 1944 Released for publication November 24, 1944
LANDLORD AND TENANT, § 102 — liability of assignee of lessee. In complaint in chancery to recover damages by reason of moneys paid by plaintiff lessee and guarantor on lease of certain stores because of default of assignee of lessee in payment of rent which it had assumed and agreed to pay, and asking for appointment of receiver, to which counterclaim was filed, held plaintiff's claim that after taking possession of the stores on default of defendant it decided to abandon all the stores and permit the lessors of all of them to pursue their respective remedies, in which event, it had been agreed by the parties that lessee's agreement to pay the rent and to release and indemnify defendant should be of no further force or effect, was not sustained by evidence, and defendant assignee's counterclaim for value of personal property surrendered to plaintiff on its taking possession of stores would be granted.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN J. LUPE, Judge, presiding.
Decretal judgment affirmed. Heard in the second division, first district, this court at the June term, 1943.
Lowitz Lowitz, for appellants;
Leo H. Lowitz and Raymond Lowitz, of counsel;
Hoffman Golder, for appellees;
Calmon R. Golder and Max M. Fleisher, of counsel.
Not to be published in full. Opinion filed November 6, 1944; rehearing denied November 21, 1944; released for publication November 24, 1944.