Toledo, Wabash & Western Railway Co. v. Jacksonville Depot Building Co.

Citations

• 63 Ill. 308

Syllabus

<p>1. Contbact—rescission for breach—tenancy. A tenant who erects a building upon the land of another, under contract for mutual occupation and use, may sue for breaches of the contract, but can not seek a rescission of it and a recovery of the cost of the building upon the qucmtim meruit unless there be a covenant of purchase. A reserved right to purchase does not create an obligation to do so.</p> <p>2. Same—practice—misjoinder. Counts for breaches of a contract and counts for rescinding the contract itself can not be joined -in the same declaration, since in the one case the subsisting obligation of the contract is affirmed, while in the other the count, in effect, denies its existence.</p>