Childs v. Warner Brothers Southern Theatres
Brief

Citation22 Ill.200 N.C. 333, 156 S.E. 923 (1931) Brief Fact Summary. This case involves a dispute between an assignee of a lease and a lessor for rents accruing while the premises was assigned to a second assignee. Synopsis of Rule of Law. When a covenant of prohibition or restriction against reassignment is made to the heirs and assigns of lessee, then the restrictions binds the lessee and any of his heirs and assigns. ...

Edwards v. Habib
Brief

Citation22 Ill.397 F.2d 687, 130 U.S. App. D.C. 126 (D.C. Cir. 1968) Brief Fact Summary. A tenant reported sanitary code violations on leased premises and thereafter the landlord moved to evict the tenant. Synopsis of Rule of Law. That proof of retaliatory motive does constitute a defense to any action for eviction. ...

Town of Telluride v. Lot Thirty-Four Venture, L.L.C
Brief

Citation22 Ill.3 P.3d 30 (Colo. 2000) Brief Fact Summary. The Town of Telluride enacted an ordinance which was intended to provide affordable housing to employees of developments by requiring developers to create affordable housing for forty percent of employees generated by the development. This ordinance was challenged on the basis that it was a rent control, in violation of a statutory prohibition against rent control. Synopsis of Rule of Law. Where an ordinance of a town constitutes an attempt to control rent, in contravention of state law, the ordinance will not be enforceable. ...

Piggly Wiggly Southern, Inc. v. Heard
Brief

Citation22 Ill.261 Ga. 503, 405 S.E.2d 478 (1991) Brief Fact Summary. This case is based on a lessor’s suit against a lessee of commercial realty, where the lessee discontinued its business prior to ending of the lease term and vacated the premises, but continued to pay the base rent and would not allow the sublease of the premises to another similar business. Synopsis of Rule of Law. In the absence of any express or implied covenant of continuous operation in the lease, the Court will not substitute such a covenant when the intent of the parties is manifest in the plain language of ...

Handler v. Horns
Brief

Citation22 Ill.2 N.J. 18, 65 A.2d 523 (1949) Brief Fact Summary. This case involves a dispute as to whether certain fixtures placed by a tenant on a leased premises may be removed, or if the fixtures become the property of the landlord. Synopsis of Rule of Law. Trade fixtures are removable by the tenant so long as he remains in possession of the leasehold, provided they are removable without material damage to the premises, regardless of whether the tenant has preserved such a right in the lease. ...

Commonwealth Building Corp. v. Hirschfield
Brief

Citation22 Ill.307 Ill. App. 533, 30 N.E.2d 790 (App. Ct. 1940) Brief Fact Summary. Defendant rented an apartment from Plaintiff and was intending to vacate the premises at the end of the lease period, but was delayed until the following day in vacating the premises. The Plaintiff “elected,” under an ancient rule, to treat the Defendant as a hold over tenant for another year (the lease period) and to require rent. Synopsis of Rule of Law. In a hold over tenant case the Plaintiff proceeds upon one of two theories: 1. The voluntary action of the tenant is such to disclose the rig ...

Richard Barton Enterprises, Inc. v. Tsern
Brief

Citation22 Ill.928 P.2d 368 (Utah 1996) Brief Fact Summary. Plaintiff Richard Barton Enterprises (Barton) entered into a lease for commercial space in an office building with Defendant Tsern. The lease and “earnest money receipt” incorporated into the lease provided that rent was to be $3,000 per month and that the premises should be made available on December 1, 1991, and that lessor was required to fix a leaky roof and repair the freight elevator to “good working order.” Synopsis of Rule of Law. The lessee’s covenant to pay rent is dependent on the lessor ...

Brown v. Southall Realty Co
Brief

Citation22 Ill.393 U.S. 1018, 89 S. Ct. 621, 21 L. Ed. 2d 562 (1969) Brief Fact Summary. Appellee, landlord, brought an action for possession against the Appellant, Brown, for rent in arrears of $230. Brown contended that no rent was due under the lease because the lease was an illegal contract, where landlord, with knowledge of housing regulations violations, entered into the lease with Brown stating that the premises were habitable in spite of the violations. Synopsis of Rule of Law. A contract which is knowingly entered into concerning premises which are known to violate the housing reg ...

Jancik v. Department of Housing and Urban Development
Brief

Citation44 F.3d 553 Brief Fact Summary. Jancik, Petitioner, owns an apartment building, and ran an ad in a newspaper which was claimed by the Leadership Council for Metropolitan Open Communities to violate provisions of the Fair Housing Act (FHA). Synopsis of Rule of Law. The FHA is violated where an ad for housing suggests to an ordinary reader that a particular group is preferred or dispreferred for the housing in question, which may be proven by subjective evidence of the intent of the person who places the ad. ...

Centex Homes Corp. v. Boag
Brief

Citation22 Ill.128 N.J. Super. 385, 320 A.2d 194 (Super. Ct. Ch. Div. 1974) Brief Fact Summary. On September 13, 1972, Defendants Mr. & Mrs. Eugene Boag decided to purchase a condominium from Plaintiff Centex Homes Corp. for $73,700, by first paying a deposit of $525 and by then tendering a check for the down payment of $6,870. Then, on September 27, 1972, Boag, upon learning he was to be transferred to Chicago, wrote and advised Centex that he “would be unable to complete the purchase” agreement and stopped payment on the check for $6,870. Centex deposited the check for co ...

Dutcher v. Owens
Brief

Citation22 Ill.647 S.W.2d 948 (Tex. 1983) Brief Fact Summary. Plaintiffs Ted and Christine Owens leased a condominium from Defendant Dutcher, who owned the condominium and a pro rata portion of the common area of 1.572%. A fire which started in a light fixture in the common area destroyed Plaintiffs’ property and Plaintiffs filed suit against Dutcher, The Eastridge Terrace Condominium Association, Joe Hill Electric Company, HIS-8 Ltd. (developer) and a class of co-owners of condominiums represented by officers of the homeowners’ association. Synopsis of Rule of Law. The liabil ...

Aquarian Foundation, Inc. v. Sholom House, Inc
Brief

Citation22 Ill.448 So. 2d 1166 (Fla. 3d DCA 1984) Brief Fact Summary. The Sholom House condominiums required the written consent of the condominium association’s board of directors to any sale, lease, assignment or transfer of a unit owner’s interest. Bertha Albares, a member of the board of directors, sold her condominium to Defendant Aquarian Foundation, without obtaining the required written consent. Synopsis of Rule of Law. Despite the law’s recognition of the particular desirability of restrictions on the right of transfer in the context of condominium living, such r ...

Jones v. Green
Brief

Citation22 Ill.68 U.S. 330, 1 Wall. 330, 17 L. Ed. 553 (1864) Brief Fact Summary. Plaintiff Dorothy Jones and Defendant James Green purchased property “as joint tenants with full rights of survivorship and not as tenants in common.” Thereafter, Plaintiff brought a suit to partition the property. Defendant moved for a summary judgment arguing that the property conveyed to unmarried individuals as joint tenants with full right of survivorship and not as tenants in common cannot be partitioned under Michigan law. Synopsis of Rule of Law. When property is conveyed as a joint tenan ...

People v. Nogarr
Brief

Citation22 Ill.164 Cal.App.2d 591, 330 P.2d 858 (Ct. App. 1958) Brief Fact Summary. The Appellant Elaine Wilson and Calvert Wilson (now deceased) owned property as joint tenants until the death of Calvert in 1955. Prior to Calvert’s death, the couple separated in July of 1954, and thereafter, without Elaine’s knowledge or consent, Calvert executed a promissory note to his parents (Respondents) for $6,440, and then delivered a mortgage to his parents on the property in question. Synopsis of Rule of Law. In this jurisdiction the act of mortgaging property by one of the tenants i ...

Mann v. Bradley
Brief

Citation22 Ill.188 Colo. 392, 535 P.2d 213 (1975) Brief Fact Summary. Betty Mann and Aaron Mann, a married couple, owned a family residence in joint tenancy during their marriage. The couple divorced in 1971 and as part of their divorce entered into an agreement which provided that the family residence should be sold and the proceeds be equally divided between Betty and Aaron upon the occurrence of either the remarriage of Betty, when the youngest child of the couple reached twenty one, or the mutual agreement of Betty and Aaron to sell. Betty lived in the residence with the children until ...

Duncan v. Vassaur
Brief

Citation22 Ill550 P.2d 929 (Okla. 1976) Brief Fact Summary. Property owned in joint tenancy by husband (Edgar Vassaur Jr.) and wife (Betty Vassaur) was in dispute when wife killed husband. Synopsis of Rule of Law. Under the Oklahoma “slayer statue” the wife could not profit from her killing of Edgar Vassaur Jr., and the joint tenancy was terminated and converted to a tenancy in common. ...

Matter of Estate of Vadney
Brief

Citation22 Ill.83 N.Y.2d 885, 612 N.Y.S.2d 375, 634 N.E.2d 976 (1994) Brief Fact Summary. In this case decedent Catherine Vadney executed a deed conveying her house to herself and her son, Peter Vadney, and the deed failed to describe the type of tenancy created and contained no survivorship language. When decedent’s estate was probated, Peter Vadney, executor, left the house out of the listing of assets of the decedent, and the decedent’s other three children contended that the deed created a tenancy in common which would mean that her one-half interest would pass to all her ch ...

Palmer v. Flint
Brief

Citation22 Ill.156 Me. 103, 161 A.2d 837 (1960) Brief Fact Summary. The Federal Land Bank of Springfield (one of the Defendants) conveyed property to Nathan Palmer and his wife Alice Palmer (now Alice Flint the other Defendant) which contained the following language in the deed: “Unto the said Nathan H. Palmer and Alice E. Palmer as joint tenants, and not as tenants in common, to them and their assigns and to the survivor, and the heirs and assigns of the survivor forever.” This deed also conveyed a warranty that the grantor, its successors and assigns “shall and will warr ...

In re Estate of Michael
Brief

Citation22 Ill.421 Pa. 207, 218 A.2d 338 (1966) Brief Fact Summary. A grant by deed in 1947 made by Joyce King of property known as “King Farm” was made to two couples as tenants by the entirety. The language of the deed after the two tenancies by the entirety was created included the words “with right of survivorship. The parties’ dispute centered on whether the couple’s respective one-half interests were held as tenants in common or as joint tenants. Synopsis of Rule of Law. The case law of this jurisdiction dictate that, when construing language in a deed, ...

Laura v. Christian
Brief

Citation22 Ill.88 N.M. 127, 537 P.2d 1389 (1975) Brief Fact Summary. Laura, owner as tenant in common of three-fourths of a property called Fireside Lodge, paid money to prevent foreclosure on the property by the mortgagee, and Christian, owner as tenant in common of one-fourth of the Fireside Lodge, contributed nothing to the payment. Synopsis of Rule of Law. As a general rule a cotenant who pays more than his share of an indebtedness secured by mortgage or other lien is entitled to reimbursement or contribution from the other cotenants to the extent to which he paid their share of the deb ...

Jackson v. O’Connell
Brief

Citation22 Ill.23 Ill. 2d 52, 177 N.E.2d 194 (1961) Brief Fact Summary. Neil Duffy conveyed land under his will in 1936 to his three sisters Nellie Duffy, Anna Duffy and Katherine O’Connell as joint tenants. Thereafter Nellie conveyed, prior to her death, her interest to Anna. When Anna died in 1957, she conveyed whatever interest she had in the land to her four nieces, Plaintiffs Beatrice Jackson, Eileen O’Barski, Catherine Young and Margaret Miller. Synopsis of Rule of Law. When one co-tenant in a joint tenancy conveys his part to another co-tenant (and there are more than two ...

Capitol Federal Savings & Loan Association v. Smith
Brief

Citation136 Colo. 265, 316 P.2d 252 (1957) Brief Fact Summary. The Plaintiffs, black people, assert ownership in this quiet title action of property which is purported to be under a racially restrictive covenant, Plaintiffs were seeking to have the cloud on title removed. The Defendants are property owners in the neighborhood who claim the Plaintiff’s property based on the forfeiture provisions in the racially restrictive covenant which provide that forfeiture will be made upon placement of a notice of claim, which Defendants did. The trial court found for the Plaintiffs and stated tha ...

The City of Klamath Falls v. Bell
Brief

Citation7 Or. App. 330, 490 P.2d 515 (Ct. App. 1971) Brief Fact Summary. In 1925 a corporation gift deeded land to the City of Klamath Falls “as long as” the city used the land for a library, and thereafter unto Fred Schallock and Floyd Daggett, their heirs and assigns. The city closed the library in 1969 when the books were moved to another library. Synopsis of Rule of Law. Even though the gift over of the property to the heirs and assigns is void under the rule against perpetuities, there is a possibility of reverter to the grantor which, under Oregon law, cannot be gifted ove ...

Shaver v. Clanton
Brief

Citation22 Ill.26 Cal.App.4th 568, 31 Cal.Rptr.2d 595 (Ct. App. 1994) Brief Fact Summary. Robert and Helen Clanton entered into a ten year lease, with an option to renew for another ten years, with Emerson Stanley for shopping center space in 1971 for a minimum annual rent of $11,400. The lease was amended by the Clantons in 1988 and 1989, the latter amended providing the Clantons the right to extend the lease for additional five year periods at the end of each prior lease period and gave them the right of first refusal if the property was offered for sale. Stanley’s sole heir Donna S ...

Sybert v. Sybert
Brief

Citation250 S.W.2d 271 (Tex. Civ. App. 1952) Brief Fact Summary. Fred Sybert, by wills from his father and mother, received a conveyance of property which was described by the testator to be a life estate only with the gift over of the remainder in fee to “heirs of his body.” Synopsis of Rule of Law. The rule in Shelley’s case applies to create a fee simple interest in Fred Sybert, even though the intent of the testator was to create a life estate, because the gift over is to the “heirs of his body.” ...