Lindley v. Miller

Citations

• 67 Ill. 244

Syllabus

<p>1. Recoupment—damages against rent. In an ordinary action for rent under a lease, damages sustained by the tenant by a breach of the contract of leasing on the part of the landlord, may be set up by the tenant byway of recoupment, and deducted from the sum he owes as rent. And the same rule applies in a proceeding by distress for rent.</p> <p>2. Replevy of goods distrained for rent—plaintiff ma/y show damages equal to rent due. Where a distress has been replevied, the tenant may show that there have been breaches of the covenants or agreements on the part of the landlord which have produced damages equal to or greater than the amount of the rent due, and thus defeat the levy of the distress warrant.</p> <p>3. Same—replication to amowry, justifying under distress for rent. A replication to an avowry in an action of replevin justifying the taking under a distress -for rent in arrear, which avers various breaches of the contract of leasing, whereby the tenant sustained great damage, is fatally defective, if it fails to aver that such damages are equal to or exceed the rent due. The naming of several amounts of damages which, when added together, exceed the rent claimed, will not be sufficient, as the party is not bound to prove such sums as laid. The pleading should contain a specific averment that the damages are equal to or greater than the rent in arrear.</p> <p>4. Distress for rent—legality of. Where any portion of the rent remains due and unpaid, the landlord has the undoubted right to distrain. If the distress is excessive and oppressive, the landlord may be liable in an action on the case for damages, but this will not render the distress illegal so as to justify replevin of the property.</p> <p>5. Pleading—-wlw,t demwrer admits. Where a pleading sets up damages for the breach of a contract or covenant, a demurrer thereto does not admit the amount of the damagés claimed. It, at most, only admits that some damage has been sustained.</p> <p>6. Exemption—waiver