Patterson v. Graham

Citations

• 140 Ill. 531
• 30 N.E. 460

Syllabus

<p>1. Lease—construction of—right to passage-way for complete enjoyment ofbuilding leased. Where a lease of a building does not in terms convey any right to a passage-way to buildings in the rear of that -leased, or any right to such buildings in the rear, the most that can be claimed is, that by construction the lease conveys so much of the lot on which the buildings stand as may be necessary to the complete enjoyment of the leased building for the purpose for which it is rented.</p> <p>2. Where a front building on a lot is leased for a particular use, the question whether a passage-way on the lot, or any part of the lot, in the rear, is necessary to the proper enjoyment of the building, as also whether that right has been interfered with so as to create an eviction, is one of fact.</p> <p>3. Same—eviction as defense to action for rent. A tenant can not retain the possession of the leased premises and refuse the payment of rent on the ground of a mere constructive eviction! Such an eviction may justify an abandonment of the premises, but will not defeat an action for the rent.</p> <p>4. Forcible detainee—delivery of hey and part payment of rent— whether a settlement of the suit. During the pendency of an action of forcible detainer on appeal in the circuit court, and before the trial, the attorney for the defendants gave the key to the leased premises to the attorney for the plaintiff, and afterward paid a small part of the rent due, but such delivery and payment were not in settlement of the suit or in discharge of the cause of action: Held, that this did not terminate the plaintiff’s right of action.</p> <p>5. Same—complaint, how made. In a forcible detainer suit the complaint is a mere pleading, not required to be sworn to, and is not required to be made or signed by the plaintiff in person. It may therefore be made by an agent or attorney.</p>