Spring Valley Coal Co. v. Framasetta, 182 Ill. App. 539 (1913)

Aug. 2, 1913 · Illinois Appellate Court · Gen. No. 5,784
182 Ill. App. 539

Spring Valley Coal Company, Appellee, v. John Framasetta, Appellant.

Gen. No. 5,784.

(Not to be reported in full.)

Appeal from the Circuit Court of Bureau county; the Hon. Job A. Davis, Judge, presiding. Heard in this court at the April term, 1913.

Affirmed.

Opinion filed August 2, 1913.

Statement of the Case.

Bill for an injunction by Spring Valley Coal Company against John Framasetta. From a decree granting such injunction, defendant appeals.

*540Abstract of the Decision.

1. Injunction, § 206*—what evidence is admissible to show breach. In an action to enjoin the sale of intoxicating liquors on certain premises in violation of a covenant in a deed, the allegations of the bill may be proved by direct or circumstantial evidence or both.

2. Covenants, § 15*—when breach is shown. Evidence held to show the sale of intoxicating liquor on certain premises in violation ' of a covenant in a warranty deed.

J. L. Spaulding, for appellant.

Mastin & Sherlock and George S. Skinner, for appellee.

Mr. Presiding Justice Whitney

delivered the opinion of the court.