Stobie v. Dills

Citations

• 62 Ill. 432

Syllabus

<p>1. Contract—construction as to party hound. The lessees in the caption of a lease were described as “trustees of Quincy Lodge No. 139,1. 0. of Gr. Templars,” and they executed the same in their individual names, and in the body of the instrument covenanted to pay the rent, without using any words to show an intention to bind the lodge: Held, that they were personally liable; and that the words “trustees,” etc., were merely desariptio personae, and did not change the legal effect of their undertaking.</p> <p>2. Pabol evidence—to explain contract. Where parties covenant personally to pay rent, and execute the obligation in their individual names, evidence dehors the written undertaking is inadmissible to show that they intended to bind an incorporated lodge, although in the body of the obligation they are described as trustees of such lodge.</p> <p>3. Landlord and tenant—relation how terminated. Where, before the expiration of the term, the landlord, with the consent of the lessee, makes a new lease to another person, who enters into possession and pays rent to the landlord, this will terminate the first lease, and from that time will bar a recovery of rent from the first lessee.</p> <p>4. Same—pled. In a suit upon a written lease for the recovery of rent, the defendants, who were the lessees, pleaded in bar as to the rent from a certain da.y, that on such day the plaintiff, with the assent of defendant, leased the premises to another person named, at a specified rent, and accepted such person as his tenant in the place of the defendant; that such person took possession of the premises, and has since paid the plaintiff all the rent due under his lease, and the acceptance of rent from such new lessee by the lessor, whereby the said indenture (sued upon) was canceled and annulled: Held, that the plea showed a complete defense to the recovery of rent accruing after such new arrangement.</p> <p>5. Same—surrender—abandonment. The lessee can not surrender premises leased