Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 219 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...from which defendant appeals. The joint relations of plaintiff and defendant with reference to the purchase and occupancy of the property in question are presented as matters of defense, but plaintiff asserts an oral lease to defendant and invokes the well-known rule that in an action of this sort the defendant cannot question the title of his landlord. This seems to have been the view of the trial court, and judgment for plaintifi followed accordingly., The facts adduced by defendant, and claimed by plaintiff to be immaterial, are: November 15, 1918, plaintiff and defendant entered into a contract for the purchase of the premises, apparently a two-story flat building, from Robert Uihlein and wife, a warranty deed to be delivered when certain payments were made in monthly instalments for 54 months thereafter. Both plaintiff and defendant took possession of the premises, plaintiff occupying the downstairs and defendant a portion of the second floor. Pursuant to an agreement between them they commenced to remodel the building but after a time fell into disagreement as to this, which resulted in an arrangement whereby plaintiff was to purchase defendant s interest in the premises by paying to defendant the amount of his investment in the building, which was agreed upon as $1,250. Plaintiff not having this amount in casl1, it was ver bally agreed that he and his wife should execute to defendant their note for $1,250, payable in 30 months with interest, and that defendant and his wife should execute to plaintiff a quitclaim deed of their interest in the premises; that both this note and deed should be placed in escrow with a third party, the deed to be delivered when the note was paid by plaintiff; there is no dispute as to this....