Kirby v. Douglas

Citations

• 75 Ill. 443

Syllabus

<p>1. Tbesfabs— consequential damages. In trespass for breaking and entering plaintiff’s close and carrying away certain tools and chattels, the defendant attempted to justify the entry to distrain for rent due and in arrear, but the defense failed on account of a variance in the allegations and proof as to the terms of the leasing; but it was held, the general issue being pleaded, that, if the relation of landlord and tenant existed, and the entry was made to distrain for rent in arrear, no consequential damages could be allowed the plaintiff for an injury to his business.</p> <p>2. Same—damages, recoupment. If tenants abandon the premises leased by them, or are about abandoning them, and the landlord enters and distrains for rent due and in arrear, in trespass by the tenants, under the general issue, the plaintiffs can only recover the value of the property taken, after deducting therefrom the proceeds of it which were applied in payment of the rent due, with legal interest on the balance.</p>