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Seggebrush v. Stosor

33 N.E.2d 159 (Ill. App. Ct. 1941)

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Seggebrush v. Stosor

Appellate Court of Illionis

33 N.E.2d 159 (Ill. App. Ct. 1941)

Facts

The defendant leased real property (the premises) from the plaintiff and operated a gas station on the premises. The defendant agreed to pay the plaintiff 1.25 cents for every gallon of gasoline sold on the premises. The defendant later acquired the adjoining property and erected another gas station on that property beginning May 1, 1939. Until that date, the defendant had been selling about 12,000 gallons per month on the premises and had been paying the plaintiff a monthly rent of approximately $140.00. After May 1, the defendant sold about 200 gallons of gasoline per month on the premises. The plaintiff brought a forcible detainer suit against the defendant, which the court decided in plaintiff’s favor. The plaintiff brought another action in chancery and sought to recover the reasonable rental of the premises. The court granted the plaintiff a judgment of $1,696.25. The defendant appeals from the $1,696.25 judgment.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

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