Miller v. Lerner, 205 Ill. App. 591 (1917)

May 29, 1917 · Illinois Appellate Court · Gen. No. 22,369
205 Ill. App. 591
Minnie Miller, Defendant in Error, v. I. Lerner, Plaintiff in Error

Minnie Miller, Defendant in Error, v. I. Lerner, Plaintiff in Error.

Gen. No. 22,369.

(Not to.be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John Couetney, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.

Affirmed.

Opinion filed May 29, 1917.

Statement of the Case..

Action by Minnie Miller, plaintiff, against I. Lerner, defendant, to recover rent under a lease. To reverse a judgment for plaintiff, defendant prosecutes a writ of error.

Albert Martin, for plaintiff in error; Melville R. Adams, of counsel.

No appearance for defendant in error.

Mr. Presiding Justice Barnes

delivered the opinion of the court.

*592Abstract of the Decision.

Landlord and tenant, § 93 * —when tenant accepting unsigned written lease may not claim that tenancy is from month to month. Where there is an arrangement between a landlord and a tenant in possession of the premises that the latter will rent the premises under a written lease for a year from a certain date at a specified rental and he remains in possession after the commencement of the term, paying the rent agreed upon in the new lease without objecting to its terms, such tenant cannot claim that the lease was from month to month, although the written lease was not signed by him.