Prettyman v. Hartly

Citations

• 77 Ill. 265

Syllabus

<p>1. Lease—of the right to declare twin ended and the rent due. Where it was provided in a written lease that the tenant should not remove or suffer to be removed any of the grain raised, or sell it, until all the rent was paid, to keep the fences and buildings in repair, to cut all the weeds and briers from the hedges, ditches and fence rows in the summer, etc., and also that if the tenant failed to keep any of the covenants in the lease, the landlord should have the right to take possession and declare the rent due, it was held, that the fact of there being twenty-six acres of corn missing, a neglect to cut down the weeds, and for injuries to the fences and buildings, the landlord had a clear right to declare the rent due before the day fixed in the lease.</p> <p>2. Same—exchange of lands. Where a tenant went into possession of lands under a written lease, and afterwards exchanged a part of the land with another tenant of the landlord and with the consent of the latter, but was to pay a different rent, it was held, that the land taken in exchange was subject to the same terms as those of the written lease, except as to the rent to be paid.</p>