West Side Brewery Co. v. Sorensen, 208 Ill. App. 128 (1917)

Oct. 31, 1917 · Illinois Appellate Court · Gen. No. 23,159
208 Ill. App. 128

West Side Brewery Company, Appellee, v. Hans Sorensen, Appellant.

Gen. No. 23,159.

(Not to he reported in full.)

Appeal from, the Municipal" Court of Chicago; the Hon. John Richardson, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed October 31, 1917.

Statement of the Case.

Replevin by the West Side Brewery Company, plaintiff, against Hans Sorensen, defendant, to determine the right of possession to certain saloon fixtures. The evidence showed that the premises containing the fixtures were leased by one Jasperson in 1910, who executed a contract acknowledging plaintiff’s ownership of the fixtures. A year and a half later the premises were leased by one Larsen. During the incumbency of these two tenants, plaintiff made changes in and additions to the fixtures. • Three years and a half after Jasperson’s tenancy had terminated, Larsen sold his lease to defendant, giving him also a bill of sale for which the consideration was $1, but nothing being said as to the fixtures. Defend*129ant claimed that plaintiff had given Jasper son possession of the property and had clothed him with the indicia of ownership and was estopped to deny his ownership. From a judgment for plaintiff, defendant appeals.

Abstract of the Decision.

Replevin, § 124 * —when evidence supports judgment for plaintiff. In an action of replevin to determine the right to the possession of certain saloon fixtures, evidence held to support a judgment for plaintiff.

Otto Christensen and M. Emmet Clare, for appellant.

Mechem, Bangs & Harper, for appellee.

Mr. Presiding Justice Goodwin

delivered the opinion of the court.