Otto v. Jackson

Citations

• 35 Ill. 349

Syllabus

<p>1. Measure of damages—on breach of covenant by a lessee to surrender the premises at the end, of his term. In an action upon a guaranty of the performance by a lessee of a covenant in his lease to surrender the premises, at the end of his term, when the breach alleged is his refusal to surrender the premises, the amount of rent stipulated in the lease is, presumptively, the true measure of damages sustained, the same to be computed by reference to the time during which the lessor is shown to have been kept out of possession.</p> <p>2. Instructions—misleading. The covenant in the lease was, to yield up the premises at the end of the term in as good condition as when they entered upon them. An instruction recited the whole of this covenant, and then told the jury that if the lessee had failed to keep the covenant his sureties were liable for all the damages sustained by the lessor by reason of such failure, and then declared the measure of damages as above. The recital in the instruction of that part of the covenant in reference to the condition in which the premises should be yielded up, could not have misled the jury, as the breach alleged was simply a failure to surrender at the end of the term, and the proof pointed to such a breach alone; and moreover, the measure of damages declared, had reference only to that breach. No claim whatever was made that the premises were not kept in repair; and although the words in reference to that subject had better have been omitted from the instruction, still it is not erroneous because they were used.</p> <p>3. Evidence—when necessary to prove the execution of an instrument before it can be admitted in evidence. Where a guaranty that certain lessees shall perform their covenants is written upon the lease, in a suit upon the guaranty for an alleged failure on the part of the lessees to perform as they agreed, the lease is admissible in evidence on behalf of the plaintiff, without proof of its execution, unless its execution