Harmony Co. v. Rauch

Decided January 22, 1896

Appellate Court of Illinois · decided 1896-01-22

Transcript from a Justice of the Peace.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case, This case was originally brought before a justice of the peace to recover one month’s rent, being the month of September, 1894, clue by the terms of a certain lease executed by the parties to this suit, amounting to the sum of $150.

Relies on Lunn v. Gage · Lindley v. Miller · Christy v. Ogle's Executors

Reversed and remanded · Decided 1896-01-22

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2This being an action to recover rent, appellant was entitled to recoup whatever damages it may have sustained on account of any breach by appellee of the covenants of the lease. The court should therefore not have instructed the jury to find for appellee. Pepper v. Rowley, 73 Ill. 262; Lindley v. Miller, 67 Ill. 244; Lunn v. Gage, 37 Ill. 19; Christy v. Ogle, 33 Ill. 295; Reeves v. Hide, 14 Ill. App. 233.

¶3The judgment of the Circuit Court is reversed and the cause remanded.