Webbe v. Weaver, 79 Ill. App. 657 (1899)

Jan. 26, 1899 · Illinois Appellate Court

79 Ill. App. 657

Samuel E. Webbe v. Henry E. Weaver et al.

Error to the Circuit Court of Cook Countv.

Opinion filed January 26, 1899.

This was an action for use and occupation. The evidence showed that the relation of landlord and tenant did not exist between the parties, but that the occupation was wrongful. Held, that there could be no recovery, citing McNair v. Schwartz, 16 Ill. 24, and Railway Co. v. Spry Lumber Co., 60 Ill. App. 646. The judgment was reversed and the cause remanded.

Defrees, Brace & Ritter, attorneys for plaintiff in error.

E. H. Morris, attorney for defendants in error.