Smith v. Roberts

370 N.E.2d 271 (1977)

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Smith v. Roberts

Illinois Court of Appeals
370 N.E.2d 271 (1977)

SC

Facts

Roberts Brothers (defendant) operated a clothing store. Roberts agreed to lease, from the Smiths (plaintiffs), a property directly attached to the store. Roberts intended to connect the premises and create an annexed room for its store. The lease contained a clause excusing Roberts’s performance if the leased property was destroyed through no fault of its own. After the lease was signed, Roberts’s main store was destroyed by fire. As a result, Roberts did not occupy the annexed property it had leased from the Smiths and did not pay rent. The Smiths brought suit, alleging breach of the lease. The trial court held that Roberts was excused from performance under the lease due to the fire. The Smiths appealed.

Rule of Law

Issue

Holding and Reasoning (Mills, J.)

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