Chapman v. Kirby

Citations

• 49 Ill. 211

Syllabus

<p>1. Leasf—forfeiture—at common law—for non-payment of rerd. The right of forfeiture for non-payment of rent, being a harsh remedy, has never been favored by the law, and where a lease provides for such forfeiture, the landlord is required, at common law, before he can declare a forfeiture, to make a demand for the rent on the day it falls due, for the precise amount, and at a convenient hour before sunset, at the place specified in the lease, or on the premises if no place is named. Such demand must be made in fact, although no person be present.</p> <p>2. Same—what will not be deemed a valid declaration of a forfeiture—so as to terminate a lease. P leased to K a portion of certain premises, together with a ipecified quantity of steam power, at a stipulated rent, payable on the first day of each month, from May 1st, 1864, to January 1st, 1869. The , steam power thereby leased was to be communicated from lessor’s engine, through a shaft to K’s machinery. The lease provided for a forfeiture for non-payment of rent. K failed to pay the rent due on the 1st day of May, 1867, and the lessor, on the 7th day of that month, caused to be served upon K, a written notice, notifying him that, by reason of such default, he had elected to terminate the lease at the expiration of ten days thereafter. The person serving such notice was instructed, by the lessor, not to receive the rent, if K should offer to pay it, which he did offer to do within the ten days after the service of the notice, and it was refused. On the 1st of June following, the lessor severed the connecting shaft, whereby K was supplied with the steam power, and his machinery stopped. In an action by K against the lessor, to recover the damages sustained by reason of such act: Held, that there was no valid declaration of a forfeiture by the landlord, so as to terminate the lease and authorize a re-entry; that K’s offer to pay the rent within ten days, and the lessor’s refusal to receive it, were tantamount to paym