Jordan v. Davis

Citations

• 108 Ill. 336
• 1884 Ill. LEXIS 1482

Syllabus

<p>1. Appead—as to amount or value involved—in forcible detainer. Forcible detainer was brought by a lessee against a prior tenant in possession. :The plaintiff’s claim to the premises was under a lease from the owner, for a term- of five years, from March 1, 1882, at the rent of $1650 per year. The defendant’s claim was under a paper purporting to be a lease from the same lessor, coveiing the same term, for the rent of $1500 per year. On appeal to the Appellate Court a judgment for the defendant was affirmed. On a further appeal to this court, it was held the amount or value involved in the suit exceeded $1000, and on that ground jurisdiction of th.e appeal was _ entertained.</p> <p>2. Deed—delivery—effect of placing in hands of grantee. It is essential that a deed, lease, or other instrument, should be understood by the ' parties to be completed and ready for delivery, in order to have the mere placing of it in the hands or possession of the grantee or his agent construed into a delivery.</p> <p>3. Contract—delivery essential—question of intent. The delivery of a written contract is indispensable to its binding effect, and such delivery is not conclusively proved by merely showing the placing of the paper by one of the alleged contracting parties .in the hands of the other. Delivery is a question of intent, and it depends on whether the parties at the time meant it to be a delivery to take effect presently.</p> <p>4. Same—placing lease in hands of lessee to procure a guaranty, no ' execution or delivery. Where the owner of land had a written lease drawn, ■which was signed by the parties, and left with the lessee to procure an indorsement of a guaranty for the payment of the rent and to have a duplicate drawn, it was held, this was no execution or delivery of the lease as the deed of the lessor, and could not be such until the guaranty of the rent had been obtained, and that the subsequent communication of the lessee to the lessor of the former’s inability to obtai