Howard v. Wagner

Decided February 14, 1911

Appellate Court of Illinois · decided 1911-02-14

Forcible detainer. Error to the Municipal Court of Chicago; the Hon. John H. Hume, Judge, presiding. Statement by the Court. Plaintiff in error brought an action in forcible detainer in the Municipal Court of Chicago against defendants in error, to recover possession of certain premises. A trial was had before a jury, which found in favor of defendants. Defendants were in possession of the property under a contract of purchase from the grantor of plaintiff.

Reversed and remanded · Decided 1911-02-14

Mr. Justice Baldwin

¶1delivered the opinion of the court.

¶2Plaintiff having made her case, and there being nothing in the record to show any authority on the part of Boach to make for plaintiff any agreement relating to the houseboat, nor, indeed, that he represented her in any manner, the court erred in permitting Boach’s cross-examination concerning the houseboat, and it should have given the requested peremptory instruction to find the defendants guilty.

¶3Judgment reversed and cause remanded for a new trial.

¶4jReversed and remanded.