Ravinia Co. v. Strobel, 193 Ill. App. 378 (1915)

April 15, 1915 · Illinois Appellate Court · Gen. No. 6,011

193 Ill. App. 378

The Ravinia Company, Appellee, v. Jean M. Strobel, Appellant.

Gen. No. 6,011.

(Not to be reported in full.)

Abstract of the Decision.

1. Landlord and tenant, § 478 ^* —when notice sufficient to terminate tenancy from year to year. A notice given September 20, 1913, of the termination of a tenancy from year to year on December 15, 1913, is sufficient under sections 5 and 7 of the Landlord and Tenant Act (J. & A. ¶¶ 7043, 7045) to terminate a tenancy although the term began December 16, 1912.

Appeal from the County Court of Lake county; the Hon. Perry L. Persons, Judge, presiding.

Heard in this court at the April term, 1915.

Affirmed.

Opinion filed April 15, 1915.

Rehearing denied June 11, 1915.

Statement of the Case.

Action for forcible detainer brought by The Ravinia Company against Jean M. Strobel to recover possession of demised premises. The jury were peremptorily instructed to find for the defendant, and from a judgment entered on the verdict, the defendant appeals:

The defendant went into possession under a written lease for a term of one year beginning December 16, 1908, and on the expiration thereof she became a tenant from year to year. September 20, 1913, the defendant was served with notice of the termination of her tenancy on December 15, 1913.

Cooke, Pope & Pope, for appellant.

West & Eckhart, for appellee.

* See Illinois Notes Digest, Vois. XI to XV, and Cumulative Quarterly, same topic ' and section number.

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

■ 2. Landlord and tenant, § 33 ^* —when description of demised premises in lease sufficient. The description in a lease of the demised premises is sufficient where it can be readily identified and located.

3. Forcible entry and detainer, § 81*—when notice to quit admissible in evidence. A notice to terminate a tenancy under a corporation, held admissible under the pleadings in an action for forcible detainer without preliminary proof that it was signed by the president of the corporation.

4. Forcible entry and detainer, § 79*—when lease and assignment admissible in evidence. A lease and an assignment thereof held properly admitted in evidence in an 'action for forcible detainer.

5. Forcible entry . and detainer, § 91*—when peremptory instruction for plaintiff proper. A peremptory instruction for the plaintiff was properly given in an action for forcible entry and detainer, where there was no evidence tending to show that the defendant was entitled to possession of the premises in question.