Clapp v. Noble

Citations

• 84 Ill. 62

Syllabus

<p>1. Landlord and mnant—rent to be paid on a holding over. Where a tenant holds over after the expiration of his term, with the implied assent of the lessor, it will he upon an implied undertaking, or liability, to pay rent thereafter, on the same terms, as to amount and times of payment, as in the original lease.</p> <p>3. Same—rent payable when the holding oven' is-against the landlord's will. Where a tenant holds over in defiance of the landlord, and after notice to quit, he will he chargeable with the same rent fixed in the original lease. If the rental value has increased, the obligors in an appeal bond may be held for the excess, on their undertaking to pay all damages and loss the landlord may establish.</p> <p>3. Evidence—in suit on appeal bond given in forcible detainer. In an action on an appeal bond given in an action of forcible detainer, conditioned to pay all rent due and to become due, the original lease is proper evidence to show what rent should be paid.</p> <p>4. Same—to prove rental value of vacant lot. In an action on an appeal bond in a forcible detainer case, a witness was called, and testified to what rent he paid for a lot about half the size of the one involved in the detainer suit, and adjoining it, he not knowing what others paid for such property, or its rental value: Held, that while the rent paid by him did not conclude the parties, yet it was a circumstance which might go to the jury, as tending, though in a slight degree, to establish the rental value.</p>