Shanklin v. Kamin

Appellate Court of Illinois

Shanklin v. Kamin

197 Ill. App. 630

CourtAppellate Court of Illinois

DecidedFebruary 1, 1916

DocketGen. No. 21,129

StatusPublished

This text of 197 Ill. App. 630 (Shanklin v. Kamin) 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

Shanklin v. Kamin, 197 Ill. App. 630 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Presiding Justice Gridley

delivered the opinion of the court.

2. Landlord and tenant, § 326*—when question of cancellation of lease and termination of tenancy one of fact. The question whether a lease has been canceled and tenancy thereunder terminated is one of fact. 3. Landlord and tenant, § 274a*—when rights of parties as to deposit fixed as of date of cancellation of lease. Where money is deposited to secure the faithful performance of the covenants of a lease, and the lease is canceled and determined prior to the expiration of its term, the rights of the parties as to the amount deposited are fixed as of the date of such cancellation, and lessor can resort to such deposit only to satisfy rent due or loss accrued at such time.

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Mr. Presiding Justice Gridley

delivered the opinion of the court.

2. Landlord and tenant, § 326*—when question of cancellation of lease and termination of tenancy one of fact. The question whether a lease has been canceled and tenancy thereunder terminated is one of fact. 3. Landlord and tenant, § 274a*—when rights of parties as to deposit fixed as of date of cancellation of lease. Where money is deposited to secure the faithful performance of the covenants of a lease, and the lease is canceled and determined prior to the expiration of its term, the rights of the parties as to the amount deposited are fixed as of the date of such cancellation, and lessor can resort to such deposit only to satisfy rent due or loss accrued at such time.

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Bluebook (online)

197 Ill. App. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shanklin-v-kamin-illappct-1916.