Fry v. Patridge

Citations

• 73 Ill. 51

Syllabus

<p>1. Landlord and tenant—release of tenant and accepting another may be inferred. An agreement to release the original lessee, and accept another tenant in his stead, need not necessarily be express, but may be inferred from the conduct of the parties.</p> <p>2. Although premises may have been originally leased to one party, yet if another occupies half of them, and the lessor makes out and collects one-half of the rent of such other for a number of times, this avíII be a recognition of a separate, tenancy. The question of the release of the original tenant and acceptance of another for a distinct part oí the premises, is one of fact.</p> <p>3. Error—obviated by instructions. In a suit between a landlord and tenant, there is no error in admitting evidence of damages to the tenant for the want of repairs, where the jury are instructed that the landlord is not bound to make repairs unless an express promise to do so is proven.</p>