Leindecker v. Schaeffer

Appellate Court of Illinois

Leindecker v. Schaeffer

194 Ill. App. 508

CourtAppellate Court of Illinois

DecidedOctober 5, 1915

DocketGen. No. 20,553

StatusPublished

This text of 194 Ill. App. 508 (Leindecker v. Schaeffer) 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

Leindecker v. Schaeffer, 194 Ill. App. 508 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Baker

delivered the opinion of the court.

Abstract of the Decision. 1. Frauds, Statute of, § 24*—when lease void under. A verbal agreement for a lease for a year to begin in futuro is void under the Statute of Frauds. 2. Landlord and tenant, § 88*—when lessor’s assent to holding over essential to renew term. A tenant under a written lease cannot, by holding over after the expiration of the term, and refusing to surrender possession, create a tenancy at will or at suffranee, for the reason that until the landlord recognizes the new tenancy, by acceptance of rent, or otherwise, the holding over is a mere offer to become a tenant on the terms of the former lease, not assented to by the landlord.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Baker

delivered the opinion of the court.

Abstract of the Decision. 1. Frauds, Statute of, § 24*—when lease void under. A verbal agreement for a lease for a year to begin in futuro is void under the Statute of Frauds. 2. Landlord and tenant, § 88*—when lessor’s assent to holding over essential to renew term. A tenant under a written lease cannot, by holding over after the expiration of the term, and refusing to surrender possession, create a tenancy at will or at suffranee, for the reason that until the landlord recognizes the new tenancy, by acceptance of rent, or otherwise, the holding over is a mere offer to become a tenant on the terms of the former lease, not assented to by the landlord.

Cite This Page — Counsel Stack

Bluebook (online)

194 Ill. App. 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leindecker-v-schaeffer-illappct-1915.