Chadwick v. Parker

Citations

• 44 Ill. 326

Syllabus

<p>1. Lease—forfeiture—re-entry. At common law, a lease containing a condition for a re-entry for non-payment of rent, the law not favoring forfeitures, required of the landlord, before he could re-enter, that he should demand the precise amount due; that it be made the day it fell due; to be made at a convenient hour before sunset; on the land at the most conspicuous place, unless a different place is named in the lease, then, at that place; the demand must be made in fact, and, to be availing, had to be pleaded and proved. The tenant had the whole day in which to make payment, but, failing to do so, the reversioner might then re-enter.</p> <p>2. Same. As leases of every kind frequently contain these conditions, in favor of trade and agriculture, and as forfeitures are odious to the law, such forfeitures are never enforced but upon a strict compliance with all the requirements of the law. All leases having such conditions are, without reference to the length or value of the term, attended with the same consequences, and are liable to be swept away, if the rent is not paid on the day it falls due, notwithstanding it may owe almost its entire value to the expenditure of the labor and money of the tenant. It is only reasonable that the landlord should, on the day his rent falls due, indicate his intention of terminating the lease, and the tenant have the entire day within which to make payment.</p> <p>3. Forfeiture— after changed by statute. The act of 4 George II, chapter 28, section 2, amended the common law, only requiring the landlord, if a sufficient distress could not be found, to sue in ejectment, and, if a recovery be had, and execution be had, without the tenant paying the rent, and failing to file his bill in six months, the term was ended, unless the judgment should bo reversed.</p> <p>4. Same—construction, of the act. The British courts, in construing this act, held that it gave an additional remedy to the landlord; that he might proceed under the statute,