delivered the opinion of the court.
Pottinger v. Erhardt, 183 Ill. App. 169 (1913)
Nov. 3, 1913
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Illinois Appellate Court
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Gen. No. 18,167
183 Ill. App. 169
Margaret A. Pottinger, Defendant in Error, v. Gottlieb Erhardt, Plaintiff in Error.
Gen. No. 18,167.
(Not to be reported in full.)
Abstract of the Decision.
1. Frauds, Statute of, § 77 * —sufficient if lease is signed by lessee only. In an action for rent a lease signed by the lessee, which does not appear to have been signed by the lessor, is not within the statute of frauds, requiring instruments relating to a, term of more than one year to be signed by the party to be charged.
2. Judgments, §. 61 * —when judgment by confession will not be vacated. Where a lessee petitions to vacate a judgment by confession for rent on the ground that the lease signed by the lessee was not signed by the lessor ai^d was within the statute of frauds, such defense is of no avail where the lessee had taken possession under the lease.
Error to the Municipal Court of Chicago; the Hon. James C. Martin, Judge, presiding. Heard in this court at the March term, 1912.
Affirmed.
Opinion filed November 3, 1913.
Statement of the Case.
Action by Margaret A. Pottinger against Gottlieb Erhardt for rent under a lease. From a judgment by confession in favor of plaintiff, defendant brings error.
Louis Ziv, for plaintiff in error.
William E. Cloyes, for defendant in error.