Raybourn v. Ramsdell

Citations

• 78 Ill. 622

Syllabus

<p>1. Lease—mere breach of contract of does not work such forfeiture as to render tenant liable to pay for use and occupation. Where land is leased to a tenant for a term of years, in consideration of specified improvements to be made by him, a failure on his part to make such improvements will not, of itself, work a forfeiture of the lease, and convert him into a tenant liable to pay for the use and occupation.</p> <p>2. Until steps are taken to terminate such a lease, the lessee will be held to occupy under the lease, and his liability measured thereby.</p> <p>3. Same—measure of damages. Where land is leased to a tenant for a definite term, in consideration of improvements to be made and completed during such term, and he fails to make and complete such improvements, the lessor can only recover what it would cost to make such improvements, and the difference of the rental value of the land until such improvements could be made, after the expiration of said term.</p> <p>4 In such case it is error to admit evidence to prove the difference in the rental value of the land as it was and as it would have been if the improvements had been made, for the purpose of charging the tenant with that difference, whilst he held under the lease.</p>