Lettick v. Honnold

Citations

• 63 Ill. 335

Syllabus

<p>1. Landlobd and tenant—eviction. Where a tenant voluntarily yields possession of a part of the premises leased, to another, there is no eviction, and proof of such fact will not sustain a plea of failure of consideration of a note given for rent in advance.</p> <p>2. Ebbob—will not always reverse—refusal to allow a party to avail of a plea which is admitted. Where a special plea alleges facts which are not controverted by replication, such facts stand as admitted, and the defendant has a right to avail thereof before the jury; but a refusal to permit such use of the plea will not be ground for reversal if the facts alleged would not have changed the result of the trial.</p>