#### Benjamin Schwartz, Plaintiff in Error, v. Anheuser-Busch Brewing Association, Defendant in Error.

Gen. No. 18,466.

(Not to foe reported in full.)

Error to the Municipal Court of Chicago; the Hon. Freeman K. Blake, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed October 14, 1913.

Statement of the Case.

Actions by Benjamin Schwartz against AnheuserBusch Brewing Association, a corporation, to recover rent for three months. The actions were consolidated in the trial court. From a judgment for plaintiff for $10.85, plaintiff brings error.

*339Abstract of the Decision.

1. Tbial, § 299 * —when proposition of law may he refused. Propositions of law not involved in the case are properly refused.

2. Landlobd and tenant, § 441 * —when evidence insufficient to establish renewal of lease. In an action fpr rent, a finding of fact that defendant remained in possession of the premises after the expiration of the lease and a finding of fact that a check received hy plaintiff for rent was not sent hy defendant by mistake, held properly refused as not sustained by the evidence.

Sabath, Levinson & Stafford, for plaintiff in error.

Goldizer, Rodgers & Froelich, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice F. A. Smith

delivered the opinion of the court.