Billos v. Kozlowski

Appellate Court of Illinois

Billos v. Kozlowski

205 Ill. App. 285

CourtAppellate Court of Illinois

DecidedApril 16, 1917

DocketGen. No. 22,812

StatusPublished

Cited by2 cases

This text of 205 Ill. App. 285 (Billos v. Kozlowski) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Billos v. Kozlowski, 205 Ill. App. 285 (Ill. Ct. App. 1917).

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Opinion

Mr. Presiding Justice McSurely

delivered the opinion of the court.

2. Damages, § 85*—what is nature oí money deposited By tenant as security for rent. Money deposited by a tenant as security for rent will, as a rule, be regarded as a penalty merely and not as liquidated damages, and it is immaterial whether the deposit is called a penalty or liquidated damages, and particularly so when the deposit is out of all proportion to the rent due. 3. Damages, § 85*—what is important in determining whether deposit is penalty or otherwise. The element of reasonableness is an important factor in determining whether or not a deposit should be considered as a penalty or otherwise,' and if the forfeiture would be unreasonable, the entire deposit should. not be applied as liquidated damages.

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Mr. Presiding Justice McSurely

delivered the opinion of the court.

2. Damages, § 85*—what is nature oí money deposited By tenant as security for rent. Money deposited by a tenant as security for rent will, as a rule, be regarded as a penalty merely and not as liquidated damages, and it is immaterial whether the deposit is called a penalty or liquidated damages, and particularly so when the deposit is out of all proportion to the rent due. 3. Damages, § 85*—what is important in determining whether deposit is penalty or otherwise. The element of reasonableness is an important factor in determining whether or not a deposit should be considered as a penalty or otherwise,' and if the forfeiture would be unreasonable, the entire deposit should. not be applied as liquidated damages.

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205 Ill. App. 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billos-v-kozlowski-illappct-1917.

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