Heims Brewing Co. v. Flannery

Citations

• 137 Ill. 309
• 27 N.E. 286

Syllabus

<p>1. Contract—construed as to consideration. A brewing company, for the purpose of increasing the sale of its own beer, entered into a written contract with a party engaged in the saloon business, by which' the latter leased his saloon building to the former for five years, and' obligated himself not to engage in such business within the term, nor, allow that business to be carried on in that particular locality on prem-] ises owned or controlled by him or which he might purchase within' that time, and also not to sell his property to any one without a provision in the deed that the purchaser would not engage in the liquor traffic on the premises sold. The contract provided that the lessee' should pay, for the whole time, $3000, in monthly installments of $50, on the first day of each month. It was also therein provided, that on default in the payment of any installment of rent for ten days, the lessee should, on request, give peaceable possession of the premises to the lessor, but for such cause the obligation to pay should not cease : Held, that the sum agreed to be paid was not merely for the rent, but was the consideration for a.11 the stipulations and agreements on the part of the lessor, and that a determination of the demise for non-payment of the installments- would not affecfc-the lessee’s liability to pay, the residue of the stipulated consideration.</p> <p>2. Lease—default in payment—rights of lessor. In consideration of a lease of a building for a term of years, and other covenants of the lessor made for the benefit of the lessee, the latter agreed to pay the former $3000, in monthly installments of $50, and it was provided that for ten days’ default in any monthly payment, the lessee, on the lessor’s request, should surrender possession of the premises leased, but for such cause the obligation to pay should not cease. On default of payment the lessor took possession, and brought suit for the next installment maturing after taking possession : Held, tha