Stose v. Heissler

Citations

• 120 Ill. 433
• 11 N.E. 161

Syllabus

<p>1. Lease—;fixing rental value by referees—unanimity required—of the rights of the parties when referees fail to agree. Parties chosen to fix the rent which a lessee shall thereafter pay for the use of property, there being at the time no rent due, are not, strictly speaking, arbitrators; but unless otherwise provided, they must all agree as to the sum to be paid.</p> <p>2. A lease of premises provided, that the rent, from and after a certain day, should be agreed upon by three disinterested persons, to be chosen, one by the lessor, and one by the lessees, and these two to select the third. This being done, only two of the referees were able to agree upon the rent: Held, that the parties were entitled to the concurrent judgment of the three, and were not bound by the rent so fixed by a mere majority of the referees, and that had they agreed as to the rent, their decision would have been conclusive on the parties, except for fraud.</p> <p>3. Where the parties to a lease fix the rent to be paid only up to a certain date, four years short of the term, and provide therein that the rent for the remainder of the term shall be agreed upon by three disinterested persons, to be chosen as therein provided, and it happens that such referees can not agree as to the rent to be paid, this will not terminate the lease and exonerate the lessees from paying a fair and reasonable rent thereafter; and the lessor may recover the reasonable rental value of the premises, on showing his inability to have the same fixed as contemplated in the lease; and in such case, it will be presumed that the rent for the balance of the term was intended to be made payable at the same times and in the same manner as provided in the lease for the first part of the term, in the absence of anything indicating a contrary intention.</p> <p>4. And where there is no provision in the lease for the selection of other referees in case those who have been selected shall fail to agree, no further duty in that reg