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Commonwealth Building Corp. v. Hirschfield

Appellate Court of Illinois, 1st District, 1st Division
30 N.E.2d 790 (1940)


Facts

Hirschfield (defendant) and Commonwealth Building Corp. (Commonwealth) (plaintiff) entered into a lease that was to expire on September 30, 1938. The lease stated that if Hirschfield remained on the property beyond the lease’s expiration date, he would be liable for double rent. When the lease’s expiration date approached, Hirschfield made arrangements to move his belongings out of the premises. Movers arrived on September 27, 1938, and worked every day through September 30. The movers were unable to finish moving on September 30, but did so on the morning of October 1. Commonwealth declared that Hirschfield was a holdover tenant for another year due to this delay, and would thus be liable for a year’s worth of double rent. When Hirschfield refused to pay, Commonwealth brought suit for $3,300, one year of rent. The jury in the trial court awarded Commonwealth with $1,100 worth of damages. Each party then submitted motions for a judgment notwithstanding the verdict, which were both denied. Hirschfield then appealed to the Appellate Court of Illinois.

Rule of Law

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Issue

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Holding and Reasoning (Matchett, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (O’Connor, P.J.)

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