Opinion
Gen. No. 42,860. (Abstract of Decision.)
Opinion filed May 23, 1944. Rehearing denied June 6, 1944.
FORCIBLE ENTRY AND DETAINER, § 41 — termination of lease by fire. Under clause of lease, to effect in part that, in case premises should be rendered untenantable by fire, lessor might, at his option, terminate lease or repair premises within 60 days, and that, if lessor did not repair premises within such time, term created should cease and determine, held that lease came to its end when premises were rendered untenantable by fire and were not repaired within 60 days, and that forcible entry and detainer by assignee of lessees of premises before fire against lessee of eventually rebuilt premises would not lie.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.
Judgment affirmed. Heard'in the second division, first district, this court at the October term, 1943.
Joseph B. Gilbert, for appellant;
James R. Quinn and David Jetzinger, for appellee.
Not to be published in full. Opinion filed May 23, 1944; rehearing denied June 6, 1944.