Chicago Legal News Co. v. Browne

Citations

• 103 Ill. 317
• 1882 Ill. LEXIS 177

Syllabus

<p>1. Practice—as' to specific objection—and time—substitution of assignee in bankruptcy as plaintiff. Where a defendant suffers the assignees in bankruptcy of the plaintiff to be substituted as parties in his stead, without objection or exception at the time, and proceeds afterward to plead to the merits and go to trial, he waives any irregularity there may have been in the substitution, and it will be too late for him to move for a discontinuance for that cause after the case has been remanded from the Appellate Court. Such an objection should have been specifically taken before the first trial on the merits.</p> <p>2. Pleading and evidence—representative capacity of plaintiff—how put in issue. Where the plaintiff sues in a representative capacity, as administrator, for example, if the defendant would contest his right thus to sue, he must make denial of it by plea. The general issue in such ease is a waiver of all exception to the person of the plaintiff.</p> <p>3. Landlord and tenant—breach of landlord’s agreement as to character of use of other portions of building—to defeat a recovery of rent. Where a landlord agrees with the tenant at the time of making the lease of a portion of a building that he will not lease any other part of such building for a saloon, or for saloon purposes, in consideration of which the lease is accepted, a subsequent leasing of a part of such building, before the term expires, for the excepted purpose, and permitting it to be used for that purpose, when the original tenant does not leave the premises demised to him, but enjoys them for the balance of the term, will not defeat a recovery of the rent from the prior tenant for the time such other part of the building was so improperly occupied and used. Such an agreement is not a condition. precedent to the right to recover rent, and does not go to the entire consideration, but is to be taken as a stipulation, the breach of which only gives an action for damages to the lessee.</p> <p>4.