Dobbins v. Duquid

Citations

• 65 Ill. 464

Syllabus

<p>1. Damages, excessive—depriving lessees of use of leased premises. Where the defendant, through his agent, had leased certain premises to the plaintiffs, with a building thereon, which was used by them as coal and wood dealers, and after the building was burned, the defendant, through his agents, leased the premises to other parties, who took possession of the same, it appearing that the defendant was ignorant in fact of plaintiff’s rights, and acted out of no bad motives; and when it also appeared that defendant, upon learning the facts, offered to erect another building for the plaintiffs, and let them have the same with more ground than they had before, but a short distance from the original premises, so that they might have continued their business, which was refused, and it further appeared that plaintiffs’ lease did not have more than six or seven months to run after the destruction of the building: Held, where the jury, in an action of trespass qua/re clausum, fregit, allowed the plaintiffs §3000, that the verdict was manifestly unjust and the damages excessive.</p> <p>2. Landlokd and tenant-—measure of damages for depriving lessee of use of demised premises. Where the lessor of premises used by the lessees in carrying on the business of wood and coal dealers, after the destruction of the buildings thereon by the great fire in Chicago in October, 1871, and before the expiration of the term, executed a second lease and put other parties in possession of the same premises: Reid, that the lessor was liable to the prior lessees, in any event, for the difference between the rent to bo paid by them, and the actual rental value of the property, and also for any loss to their business which could not reasonably have been avoided.</p> <p>3. But the law required the lessees to make ordinary and reasonable effort to prevent any loss to their business, and if by such effort they could have prevented such loss, they would not have the right to insist on full compensati