Pearson v. Sanderson

Citations

• 128 Ill. 88
• 21 N.E. 200

Syllabus

<p>1. Abbitbation and awabd—whether so considered—action of appraisers of improvements, under a lease—notice to the parties. Where a lease for a term of years provides that at the end of the term each party shall select an appraiser to value the permanent improvements put upon the premises, and in case they can not agree, the appraisers thus chosen shall select a third, and that the lessor shall pay the lessee the amount of such appraisal by any two of the appraisers, the action of the appraisers under such appointment is not an arbitration and award, so as to require notice to the parties of the time and place of the appraisers’ meeting and action. In such case no statement of the parties or evidence is contemplated. The appraisers are required to examine the improvements, and act on their own judgment.</p> <p>2. Landlord and tenant—purchase of improvements by a lessor— upon appraised value, wader the lease. A lease of property for a term of years provided that on the expiration of the term without a pinchase by the lessor of improvements which might be put upon the premises by the lessee, one appraiser should' be chosen by each of the parties thereto, who should appraise the then cash value of the permanent improvements made by the lessee and remaining upon the leased premises, and that in the event of the two appraisers failing to agree upon values they should select a third person, and that the valuation fixed by any two of the three appraisers should determine the amount to be paid the lessee by the lessor, after giving the latter credit and paying all liens due him from the lessee for money advanced, unpaid rent and other indebtedness due or to become due from the lessee to the lessor. The parties each selected an appraiser, who, being unable to agree, selected a third one. Two of the three made an appraisement: Held, in an action by the lessee against the lessor, to recover the appraised value, that the court properly instructed the jury that the defendant wa