Chicago Attachment Co. v. Davis Sewing Machine Co.

Citations

• 142 Ill. 171

Syllabus

<p>1. Statute op Fbatjds — verbal assignment of a lease — liability of <assignee. The actual occupancy of leased premises, and payment of the rent to the lessor for part of the unexpired term, by an assignee, pursuant to a contract of assignment with the lessee, which is not in writing, is not sufficient to exempt such assignment from the operation of the Statute of Frauds, where the assignee vacates before the term expires, 'and is sued for subsequently accruing rent.</p> <p>2. The lessees of an unexpired term made a verbal assignment thereof, and put their assignee in possession, who paid the rent'to the original lessor for about a year, when he ceased to occupy the premises and refused to pay the rents thereafter, and the lessor brought suit against him for the subsequently accruing rents: Held, that the Statute of Frauds was a bar to the action.</p> <p>3. Same — not necessary the action shall be brought on the parol contract to make the defense available. It is not necessary, in order that the statute shall avail as a defense to a suit, that the action he brought on the contract, but it is enough that.the effect of the action is to charge the party against whom it is brought, by means of the contract.</p> <p>4. Same — applies to sale of leasehold interest where remainder is more than one year. The language of the statute is not limited to the creation of an estate, but includes any contract for “the sale of * * * any interest in or concerning” lands “for a longer term than one year.” It includes the sale by the tenant of the remainder of his term, provided only that the remainder is for a longer term than one year.</p> <p>5. Same — effect of part performance. In a court of law, part performance does not take a case out of the operation of the Statute of Frauds. It is otherwise in a court of equity.</p> <p>6. Same — must be pleaded if relied on in defense. As the Statute of Frauds does not make absolutely void all oral contracts for an interest in land, but only