Summary
In Hyman v. 230 So. Franklin Corporation, 7 Ill. App.2d 15, 128 N.E.2d 629 (App. Div. 1955), the Court sustained the validity of an exculpatory clause in a lease relieving a landlord from liability for injuries to tenant's property due to negligence of the landlord or his servants and, applying the principle that an agent may be privileged to do an otherwise tortious act because of a privilege held by his principal under which he acts, held that an agent who managed the premises was entitled to benefit of exculpatory provisions of the lease.
Summary of this case from Fabrics v. HenleyOpinion
Gen. No. 46,537. (Abstract of Decision.)
June 13, 1955. Released for publication September 15, 1955.
Appeal from the Superior Court of Cook county; the Hon. JAMES J. McDERMOTT, Judge, presiding. Judgment affirmed.
Hinshaw, Culbertson, Moelmann Hoban, for plaintiffs-appellants;
John L. Kirkland, of counsel;
Immenhausen, Banovitz Balin, for defendants-appellees;
Meyer C. Balin, of counsel;
Schuyler, Richert Stough, for defendant-appellee Arthur Rubloff Co.;
Jay Stough, and Joseph R. Julin, of counsel.
Not to be published in full.