Warner v. Hale

Citations

• 65 Ill. 395

Syllabus

<p>1. Statute of frauds—agreement not to be performed within a year. Whether part performance takes ease out of the statute. In the case of a verbal leasing of a clock where the contract is not to he performed within one year, part performance by entering into possession of the demised premises, and occupying them for a while, will not, in a court of law, take the case out of the operation of the statute of frauds, hut in a suit to | recover rents, the contract being void, no recovery can be had upon it, hut | the plaintiff may recover for the use and occupation of the premises for the time they were occupied, estimating the value of the same on the basis of a quantum meruit.</p> <p>2. Landlord and tenant—when tenancy by the month is implied. Where a party enters into possession of premises under a verbal letting which is void under the statute of frauds, agreeing to pay rent monthly, and pays rent under the contract awhile, he will become a tenant from month to month, and as such he entitled to notice to quit.</p> <p>3. Partnership—right of one, to abandon leased premises and be exonerated from paying rent thereafter Where two persons as partners enter into possession of premises under a lease of the owner, with a stipulation for the payment of rent monthly, one of them can not withdraw without notice to the lessor, and thus escape liability for the rents for the time the premises are subsequently occupied by the other.</p>