Leopold v. Judson

Citations

• 75 Ill. 536

Syllabus

<p>1. Landlord and tenant — what will excuse payment of rent. The law is well settled, that if a tenant is evicted from the demised premises, before the expiration of his term, by his landlord, or any one claiming under or through him, or by one under title paramount to that of the landlord, no recovery can be had for rent accruing after the eviction.</p> <p>3. Same—proceedings that may ripen into an eviction will not he a han' to the collection of rent. The fact that the landlord has suffered a decree to be taken for the sale of the demised premises in a proceeding to enforce a mechanic’s lien, in violation of his contract to defend the suit, upon which the premises may be sold and the tenant evicted, presents no ground for resisting the collection of rents by the landlord.</p> <p>3. Chancery jurisdiction—remedy at law. Where a tenant had assigned his lease, and his assignee incurred liability for improvements upon the demised premises, to enforce which a bill was filed for a mechanic’s lien, and to sell the premises in payment, and the landlord contracted with the original tenant, who remained bound for the rents, to defend the suit, which he failed to do, but suffered a decree of sale to pass, it was held, on bill in equity by the tenant to enjoin the collection of rent by distress, it appearing that the landlord was solvent, that a court of equity could not take jurisdiction, as the tenant had a complete remedy at law for the recovery of any damages he had or might sustain by the breach of the contract to defend.</p>