Collins v. McVickers Theater Co., 207 Ill. App. 240 (1917)

July 19, 1917 · Illinois Appellate Court · Gen. No. 22,582
207 Ill. App. 240
Michael J. Collins et al., Appellants, v. McVickers Theater Company, Appellee

Michael J. Collins et al., Appellants, v. McVickers Theater Company, Appellee.

Gen. No. 22,582.

(Not to be reported in full,)

Abstract of the Decision.

1. Landlord and tenant, § 293 * — when appraisers may consider effect of lease with revaluation clause upon value of land. Under the provisions in a lease of school fund property providing for revaluation every ten years by a board of appraisers and authorizing the appraisers, in ascertaining the fair cash value of the land, to take into consideration certain enumerated items and “any other facts or information, from whatever source, bearing upon the question of the actual value of said land, the appraisers have the right to take into *241consideration the effect, if any, of the lease with the ten-year revaluation clause, upon the fair cash value of the land.

*240Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.

Affirmed.

Opinion filed July 19, 1917.

Certiorari denied by Supreme Court (making opinion final).

Statement of the Case.

Bill by Michael J. Collins and others, as and comprising the Board of Education of the City of Chicago, complainants, against the McVickers Theater Company, defendant, to set aside or reform an appraisal of the fair cash value of certain school fund property. From a decree dismissing the bill for want of equity, complainants appeal.

Angus Boy Shannon, for appellants; Chauncey M. Millar and Jcitn E. Foster, of counsel.

Byan, Condon & Livingston, for appellee; Andrew J. Byan and Irvin I. Livingston, of counsel.

Mr. Justice McDonald

delivered the opinion of the court.

*2412. Landlord and tenant, § 294 * — when award of appraisers fixing value of premises not disturbed. An award of appraisers fixing the fair cash value under the terms of a lease providing for revaluation of premises will not be disturbed, in the absence of mistake or fraud.

3. Landlord and tenant, § 294* — when admissions of appraiser are insufficient to impeach appraisal. Admissions by one of the appraisers authorized to fix the fair cash value of premises under a revaluation clause in a lease, held insufficient to impeach the appraisal.

4. Landlord and tenant, § 294* — when admissions of appraiser to impeach appraisal are inadmissible. Where an appraisal of the fair cash value of property under a revaluation clause in a lease appears to be regular on its face, admissions of an appraiser as to the method pursued in valuing the land are inadmissible.