Harmony Co. v. Rauch

Appellate Court of Illinois

Harmony Co. v. Rauch

62 Ill. App. 97, 1895 Ill. App. LEXIS 386

DecidedJanuary 22, 1896

StatusPublished

This text of 62 Ill. App. 97 (Harmony Co. v. Rauch) 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.

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Harmony Co. v. Rauch, 62 Ill. App. 97, 1895 Ill. App. LEXIS 386 (Ill. Ct. App. 1896).

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Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

This being an action to recover rent, appellant was entitled to recoup whatever damages it may have sustained on account of any breach by appellee of the covenants of the lease. The court should therefore not have instructed the jury to find for appellee. Pepper v. Rowley, 73 Ill. 262; Lindley v. Miller, 67 Ill. 244; Lunn v. Gage, 37 Ill. 19; Christy v. Ogle, 33 Ill. 295; Reeves v. Hide, 14 Ill. App. 233.

The judgment of the Circuit Court is reversed and the cause remanded.

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Mr. Justice Waterman

delivered the opinion of the Court.

This being an action to recover rent, appellant was entitled to recoup whatever damages it may have sustained on account of any breach by appellee of the covenants of the lease. The court should therefore not have instructed the jury to find for appellee. Pepper v. Rowley, 73 Ill. 262; Lindley v. Miller, 67 Ill. 244; Lunn v. Gage, 37 Ill. 19; Christy v. Ogle, 33 Ill. 295; Reeves v. Hide, 14 Ill. App. 233.

The judgment of the Circuit Court is reversed and the cause remanded.

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62 Ill. App. 97, 1895 Ill. App. LEXIS 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harmony-co-v-rauch-illappct-1896.

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