#### Kendrick E. Bills, Appellee, v. Arthur B. Cooling, Appellant.

Gen. No. 5,949.

(Not to he reported in full.)

Appeal from the Circuit Court of V/hiteside county; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the April term, 1914.

Affirmed.

Opinion filed July 31, 1914.

Statement of the Case.

Action "by Kendrick E. Bills against Arthur B. Cooling to recover four months’ rent claimed to have accrued since defendant had vacated the premises. The facts show that defendant had occupied a building under a three-year written lease at a stipulated rental payable monthly, and that he held over eight months of the fourth -year and then vacated the premises. There was a judgment for plaintiff on the theory that defendant had become a tenant from year to year and that when he held over into the fourth year he became liable for the whole year’s rent. To reverse the judgment, defendant appeals.

*643Abstract of the Decision.

1. Appeal and error, § 1411 * —when verdict will not be disturbed. In an action for rent, on the theory that defendant as a holdover tenant was liable as a tenant from year to year, where the defense was that there was an arrangement that defendant was to hold over as a tenant from month to month, held that a verdict for plaintiff on conflicting evidence would not be disturbed.

2. Landlord and tenant, § 88*—when tenant holding over liable for full year’s rent. A tenant for three years who held over after the expiration of the lease for eight months and then moved out, held liable for the whole of the fourth year’s rent, on the theory that he became a tenant from year to year (following Clinton Wire-Cloth Co. v. Gardner, 99 Ill. 151.)

Carl E. Sheldon, for appellant.

Henry C. Ward and Philip H. Ward, for appellee.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Whitney

delivered the .opinion of the court.