Berrington v. Casey

Citations

• 78 Ill. 317

Syllabus

<p>1. Lease—implied, covenants. The law will imply covenants for quiet possession and enjoyment against paramount title, and against such acts of the landlord as destroy the beneficial enjoyment of the lease.</p> <p>S. Same—remedy of tenant for breach of implied covenant for possession by landlord. Where the landlord leases premises to a tenant by a parol lease, and afterwards, and before the tenant gets possession, leases the same premises to another and puts him in possession, the first tenant may either bring an action of ejectment and recover the possession, or he may sue in assumpsit for the breach of the implied covenant for possession and quiet enjoyment.</p> <p>3. And in such case the tenant is not required to offer to pay the rent as it would accrue under his lease, after the breach of contract by the landlord, to entitle him to maintain his suit for such breach.</p> <p>4. Evidence—when paper may he read to the jury. Where the execution of the instrument sued on had been proved, and other evidence adduced in relation to it, it was a proper exercise of discretion for the court to permit the counsel for the plaintiff to read it to the jury, for the first time, in his closing argument.</p>