PIONEER TRUST SAV. v. WESTERN TIRE AUTO STORES, 325 Ill. App. 575 (1945)

60 N.E.2d 280

Gen. No. 43,271. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 26, 1945

LANDLORD AND TENANT, § 118[*] — failure to yield premises in same state of repair as at date of execution of lease. In action against defendant lessee based upon its alleged failure to yield premises back to lessor upon termination of lease in same condition of cleanliness and repair as at date of execution of lease, where there was no evidence of state of repair at beginning of lease, which contained provision that lessee was satisfied with condition of premises and signing of indenture would be conclusive evidence of receipt of premises in good order and repair with no exceptions noted, held that plaintiff made out prima facie case upon proving that premises were surrendered in damaged condition, and it then rested upon defendant, to avoid liability, to prove that damage was due to exception.

Appeal from the Municipal Court of Chicago; the Hon. CHARLES S. DOUGHERTY, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the December term, 1944.

Freeman Freeman, for appellant;

Earl Freeman, of counsel.

Henry Pollenz, for appellee;

S.B. Rosenzweig, of counsel.

Opinion by PRESIDING JUSTICE NIEMEYER.

Not to be published in full. Opinion filed March 26, 1945; released for publication April 11, 1945.

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