Haven & White v. Wakefield

Citations

• 39 Ill. 509

Syllabus

<p>1. Lease—what constitutes. It is not essential to constitute a valid lease, that the building which is the subject of the contract should be erected at the time the lease is made, or that the lessor should at that time be the owner of the ground upon which the building is to be placed.</p> <p>' 3. So where a party agreed to procure a lot of ground and erect a house thereon, which another was to rent at a stipulated price per year, and for a fixed term of years, with the privilege of purchasing the premises within a certain time during the term, the contract providing that in case of a purchase, the money which had been previously paid as rent should be applied on the purchase-price of the land, it was held, that the contract constituted a lease, tending the lessee for the payment of the annual rents, with the right to elec| to change the lease into a purchase.</p> <p>3. Jurisdiction in chancery and at law. Where the same person is a member of two partnership firms, one firm cannot sue the other at law, because a party cannot be both plaintiff and defendant in the same suit—he cannot sue himself: and in an action at law between partnership firms, the right of recovery and the liability both being joint, the recovery must be by all the plaintiffs and against all the defendants.</p> <p>4. In such case, although the subject-matter of the controversy is properly cognizable in a court of law, as for rents accrued under a lease by one firm to the other, to prevent a failure of justice equity will take jurisdiction and afford an adequate remedy.</p> <p>5. Contracts—waiver of non-performance by one of the parties. Where a lessor of premises agreed to erect and complete a building thereon, within a specified time, but neglected to do so within the time agreed upon, if the lessee enters into possession of the building, under the contract, while it is in an unfinished condition, he thereby waives any right he may have had to be released from the covenants on his part, by rea