Northwestern University v. Hughes

Appellate Court of Illinois

Northwestern University v. Hughes

183 Ill. App. 236

CourtAppellate Court of Illinois

DecidedNovember 20, 1913

DocketGen. No. 18,551

StatusPublished

This text of 183 Ill. App. 236 (Northwestern University v. Hughes) 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

Northwestern University v. Hughes, 183 Ill. App. 236 (Ill. Ct. App. 1913).

Pincite

Opinion

Mr. Justice Fitch

delivered the opinion of the court.

4. Frauds, statute of, § 41*—when want of authority of agent will not prevent recovery of leased property. In the absence of any fiduciary relations between parties, neglect to notify a tenant that the agent of landlord had no written authority to execute a lease for five, years is not a fraud, and coupled with the fact that the lessor supposed the lease was for one or two years will not support a contention that to permit a recovery of the possession of the premises, after thirty days’ notice to the tenant as a monthly tenant under an invalid lease, permits the statute of frauds to be used to perpetrate a fraud. 5. Principal and agent, § 102*—duty to ascertain agent’s authority to sign a lease. Party dealing with an agent of a lessor is bound to take notice that the agent’s authority to sign lessor’s name to a lease for five years must be in writing.

Mr. Justice Gridlby took no part in the decision of this case.

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Mr. Justice Fitch

delivered the opinion of the court.

4. Frauds, statute of, § 41*—when want of authority of agent will not prevent recovery of leased property. In the absence of any fiduciary relations between parties, neglect to notify a tenant that the agent of landlord had no written authority to execute a lease for five, years is not a fraud, and coupled with the fact that the lessor supposed the lease was for one or two years will not support a contention that to permit a recovery of the possession of the premises, after thirty days’ notice to the tenant as a monthly tenant under an invalid lease, permits the statute of frauds to be used to perpetrate a fraud. 5. Principal and agent, § 102*—duty to ascertain agent’s authority to sign a lease. Party dealing with an agent of a lessor is bound to take notice that the agent’s authority to sign lessor’s name to a lease for five years must be in writing.

Mr. Justice Gridlby took no part in the decision of this case.

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Bluebook (online)

183 Ill. App. 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northwestern-university-v-hughes-illappct-1913.