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163 Ill. App. 27

Spear v. Haggarty

Appellate Court of Illinois

Decided October 3, 1911

Appellate Court of Illinois · decided 1911-10-03

<p>Instructions—when peremptory proper. It is proper for the court peremptorily to direct a verdict for the plaintiff in the absence of any evidence tending to establish the defense interposed. ------</p>

Affirmed · Decided 1911-10-03

Mr. Justice Clark

¶1delivered the opinion of the court.

¶2Recovery was had for $83, being rent for an apartment for two months and part of a third.

¶3The only defense interposed was that the apartment had not been renovated as required by the terms of the lease.

¶4The trial was had before the court and a jury, the court, however, directing the jury to find a verdict for the plaintiff.

¶5No question of law is involved. We have examined the record and find nothing in it to justify the claim of the defendant that the clause of the lease which provided that the flat should be thoroughly renovated had not been complied with.

¶6Affirmed.

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