Barbour
v.
Willett Company

Not overruled or negatively treated on appealinfoCoverage
Appellate Court of Illinois, Chicago, First DistrictJun 16, 1944
323 Ill. App. 438 (Ill. App. Ct. 1944)
323 Ill. App. 43855 N.E.2d 628

Gen. No. 42,897. (Abstract of Decision.)

Opinion filed June 16, 1944

LANDLORD AND TENANT, § 34when "offer" of tenancy is not subject to acceptance. Where, in action for rent of realty which plaintiff had redeemed from foreclosure sale, in which action plaintiff recovered less than amount sued for, it appeared that only offer of tenancy for nine-months' period was made in notice which was dated more than two months before right of redemption expired, and which had effect of offering tenancy from date of redemption by plaintiff more than three months before expiration of receiver's right of possession, held that, since notice containing offer was extinguished and nullified by injunction order entered in foreclosure proceeding at instance of receiver, there was no valid offer of tenancy for nine-months' period and that therefore there could not have been acceptance of "offer" either by implication or otherwise.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. DANIEL P. TRUDE, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the December term, 1943.

Edward H.S. Martin, for appellants;

Cassels, Potter Bentley, for appellee;

William S. Warfield, III and Francis J. Nosek, of counsel.


Not to be published in full. Opinion filed June 16, 1944.