BOND STORES, INC. v. THE CHICAGOAN, INC., 305 Ill. App. 487 (1940)

27 N.E.2d 478

Bond Stores, Inc., Appellee, v. The Chicagoan, Inc. and Hotel Chicagoan Catering Company, Appellants. Albert Martin, Inc.

Gen. No. 40,953. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed May 20, 1940

LANDLORD AND TENANT, § 137[*] — lessee’s option to demand extra space. Lower court properly granted plaintiff summary judgment in forcible entry and detainer proceedings, where plaintiff’s lease gave it the right to request and obtain additional space upon notice, defendant’s lease was subject to such provision, and plaintiff did not have to allege as condition precedent that its merchandising needs required the extra space.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1939.

Adolph J. Sabath, R.P. Perlman and Theodore E. Rein, for appellants;

Theodore E. Rein, of counsel;

Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellee;

Herbert M. Lautmann, Jesse H. Brown and Isaac E. Ferguson, of counsel.

Opinion by PRESIDING JUSTICE MATCHETT.

“Not to be published in full.” Opinion filed May 20, 1940.