Schlehofer v. United States Brewing Co.

Appellate Court of Illinois

Schlehofer v. United States Brewing Co.

189 Ill. App. 470, 1914 Ill. App. LEXIS 385

CourtAppellate Court of Illinois

DecidedNovember 19, 1914

DocketGen. No. 19,927

StatusPublished

This text of 189 Ill. App. 470 (Schlehofer v. United States Brewing Co.) 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

Schlehofer v. United States Brewing Co., 189 Ill. App. 470, 1914 Ill. App. LEXIS 385 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Presiding Justice Fitch

delivered the opinion of the court.

2. Reformation of instruments, § 2*—when a lease may be reformed for mutual mistake or fraud. Where a lease with a cancellation clause was executed by the owners who understood that it was according to an agreement to let the premises in question for a certain number of years, the use of a form essentially different from the one agreed upon was held to be either the result of mutual mistake, or the lessee corporation was guilty of fraud in its procurement, so that upon either ground the owners were entitled to reformation in equity by a decree striking the cancellation clause from the lease.

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Mr. Presiding Justice Fitch

delivered the opinion of the court.

2. Reformation of instruments, § 2*—when a lease may be reformed for mutual mistake or fraud. Where a lease with a cancellation clause was executed by the owners who understood that it was according to an agreement to let the premises in question for a certain number of years, the use of a form essentially different from the one agreed upon was held to be either the result of mutual mistake, or the lessee corporation was guilty of fraud in its procurement, so that upon either ground the owners were entitled to reformation in equity by a decree striking the cancellation clause from the lease.

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Bluebook (online)

189 Ill. App. 470, 1914 Ill. App. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlehofer-v-united-states-brewing-co-illappct-1914.