Categories: Illinois Appellate Court Opinions

SCHMELZER v. KELLEY, 307 Ill. App. 384 (1940)

30 N.E.2d 179

George J. Schmelzer, Appellee, v. Thomas J. Kelley, Appellant.

Gen. No. 41,290. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed November 26, 1940

FORCIBLE ENTRY AND DETAINER, § 73[*] — sufficiency of evidence.
Plaintiff properly had judgment in forcible detainer proceedings, where defendant who rented vacant lot for used car lot tried to create a hold-over tenancy at end of term by mailing check marked rent payment for the next month, but plaintiff returned this check by registered mail, defendant could not contend plaintiff did not have right to maintain instant action, because defendant failed to prove that premises had been leased to a new tenant who would have right to sue, and evidence showed that defendant was in actual possession at time suit was instituted.

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

Appeal from Municipal Court of Chicago; Hon. JOHN T. ZURIS, presiding.

Affirmed. Heard in second division, first district, this court at June term, 1940.

Norman H. Arons, for appellant;

Abraham Miller and Irving S. Berman, of counsel;

Bernard F. Johnston, for appellee.

Opinion by JUSTICE SCANLAN.

“Not to be published in full.” Opinion filed November 26, 1940.

jdjungle