{
  "id": 2836109,
  "name": "Northwestern University, Defendant in Error, v. John Hughes, Plaintiff in Error",
  "name_abbreviation": "Northwestern University v. Hughes",
  "decision_date": "1913-11-20",
  "docket_number": "Gen. No. 18,551",
  "first_page": "236",
  "last_page": "237",
  "citations": [
    {
      "type": "official",
      "cite": "183 Ill. App. 236"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 200,
    "char_count": 2771,
    "ocr_confidence": 0.545,
    "sha256": "bf4f5b383b418cae85fd810464b722b84d5d6aeab878a5fdc77c08c8e42f5656",
    "simhash": "1:e21c4807e4ed025b",
    "word_count": 483
  },
  "last_updated": "2023-07-14T19:57:27.806602+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Northwestern University, Defendant in Error, v. John Hughes, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Fitch\ndelivered the opinion of the court.\n4. Frauds, statute of, \u00a7 41*\u2014when want of authority of agent will not prevent recovery of leased property. In the absence of any fiduciary relations between parties, neglect to notify a tenant that the agent of landlord had no written authority to execute a lease for five, years is not a fraud, and coupled with the fact that the lessor supposed the lease was for one or two years will not support a contention that to permit a recovery of the possession of the premises, after thirty days\u2019 notice to the tenant as a monthly tenant under an invalid lease, permits the statute of frauds to be used to perpetrate a fraud.\n5. Principal and agent, \u00a7 102*\u2014duty to ascertain agent\u2019s authority to sign a lease. Party dealing with an agent of a lessor is bound to take notice that the agent\u2019s authority to sign lessor\u2019s name to a lease for five years must be in writing.\nMr. Justice Gridlby took no part in the decision of this case.",
        "type": "majority",
        "author": "Mr. Justice Fitch"
      }
    ],
    "attorneys": [
      "Montgomery, Hart & Smith, for plaintiff in error.",
      "F. L. Salisbury and M. Marso, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Northwestern University, Defendant in Error, v. John Hughes, Plaintiff in Error.\nGen. No. 18,551.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 94*\u2014when occupant under voidable lease is tenant from month to month. A tenant entering into possession and paying rent monthly under a lease voidable under the statute of frauds is a tenant from month to month and is entitled to a thirty days\u2019 notice to quit.\n2. Landlord and tenant, \u00a7 503 \u2014when verdict for possession may be directed. Where it appears in an action of forcible detainepthat the occupant is in possession under a lease voidable under the statute of frauds and is a tenant from month to month and thirty days\u2019 notice has been given, the question is one of law and a verdict for the plaintiff may be directed.\n3. Frauds, statute of, \u00a7 96 \u2014When part performance of invalid contract will not avoid statute. Where a written lease under seal for five years is signed by the lessor\u2019s agent, having only verbal authority, receipt of rent by the lessor amounts to nothing more than a partial performance of a contract invalid under the statute of frauds, which will not, in a court of law, avoid the statute.\nError to the Municipal Court of Chicago; the Hon. Joseph Sabath, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed November 20, 1913.\nStatement of the Case.\nAction of forcible detainer by Northwestern University, a corporation, against John Hughes to recover possession of leased property. From a judgment of possession for plaintiff, defendant brings error.\nMontgomery, Hart & Smith, for plaintiff in error.\nF. L. Salisbury and M. Marso, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0236-01",
  "first_page_order": 258,
  "last_page_order": 259
}