Grotz v. Engel, 209 Ill. App. 193 (1917)

Dec. 21, 1917 · Illinois Appellate Court · Gen. No. 22,931
209 Ill. App. 193

Nicolos Grotz, Appellee, v. John Engel, Appellant.

Gen. No. 22,931. (Not to be reported in full.)

Abstract of the Decision.

1. Guaranty, § 7 * —when requires no new and independent consideration. Where a guaranty, although collateral, is connected with and forms the inducement for the execution of the principal contract or is the result of a previous promise upon the faith of which the principal contract was made, it requires no new and independent consideration to give it force.

2. Landlord and tenant, § 72*—how lease providing for payment of rent in instalments construed. A lease providing, after describing the premises, that the lessee should also have a certain room in the barn “for the term of four years less two months and one-half, to commence on the 15th day of October, 1912, and to end *194on the first day of August, 1916,” and should “pay * * * the four years’ rent or sum of $5,400, payable December 15, 1912, $300, and thereafter paying $300 every three months for the first year’s rent, being $1,200 all told; and $350 every three months thereafter, making a total sum of $1,400 per year, or $4,200 for the last three years,” construed as requiring payment of $5,400 rental for the term of three years, nine and one-half months, in instalments as therein set forth.

*193Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooler, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1916.

Affirmed.

Opinion filed December 21, 1917.

Statement of the Case.

Action by Nicolos Grotz, plaintiff, against John Engel, defendant, to recover on defendant’s written guaranty of the payment of rent and performance of all covenants contained in a certain lease entered into by plaintiff and one August Turnes. From a judgment on a directed verdict for plaintiff, defendant appeals.

Thompson, -Tyrrell & Chambers, for appellant.

Vincent D. Wyman, Harry C. Kinne and Charles E. Carpenter, for appellee.

Mr. Justice McDonald

delivered the opinion of the court.