Stewart v. Munford

Citations

• 91 Ill. 58

Syllabus

<p>1. Estoppel—to claim property after inducing its purchase. When a lessee of a mine surrenders his lease to the lessor to enable him to lease to another, who had agreed to buy the lessor’s interest, but which he afterwards refused to do, and no new lease was ever executed to such lessee, and when the improvements were partly burned, the lessee said he was unable to take and work the mine, and requested the lessor to do the best he could with the property, and assisted in procuring another to take a lease of the property without informing him of his claim to the machinery included in the leasing, it was held, that the original lessee was estopped from claiming his improvements of the second lessee, or compensation therefor, in the absence of any agreement to pay for the same.</p> <p>2. Lease—effect of surrender. Where a lessee of a mine makes, a written surrender of his Iqase in view of a contemplated sale of his improvements and machinery, to enable the lessor to make a new lease to the purchaser, the original lease, in law, if not in equity, is canceled, and the lessor reinvested with the legal title to the term, and, without any new writing to restore the term, the lessor may again lease and pass the legal title free from the claim of the first lessee.</p>