{
  "id": 5384274,
  "name": "George Siegfried, Defendant in Error, v. George Fritze, Plaintiff in Error",
  "name_abbreviation": "Siegfried v. Fritze",
  "decision_date": "1915-03-08",
  "docket_number": "Gen. No. 19,660",
  "first_page": "517",
  "last_page": "518",
  "citations": [
    {
      "type": "official",
      "cite": "191 Ill. App. 517"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 221,
    "char_count": 2938,
    "ocr_confidence": 0.499,
    "sha256": "0b85733c509c8014009af13a1fd5004e4dd933de9d00d0c88b65445db3db8c43",
    "simhash": "1:1b6d5a85f02b30da",
    "word_count": 514
  },
  "last_updated": "2023-07-14T16:18:11.463405+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Siegfried, Defendant in Error, v. George Fritze, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "C. L. Cassiday, for plaintiff in error.",
      "Martin C. Koebel, for defendant in error; E. M. Seymour, of counsel."
    ],
    "corrections": "",
    "head_matter": "George Siegfried, Defendant in Error, v. George Fritze, Plaintiff in Error.\nGen. No. 19,660.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Fbank H. Graham, Judge, presiding. Heard in this court at the March term, 1914.\nAffirmed.\nOpinion filed March 8, 1915.\nStatement of the Case.\nAction in forcible detainer by George Siegfried against George Fritze for the possession of a six room flat. From a judgment in favor of plaintiff for possession, defendant prosecutes a writ of error.\nBefore the tenancy began defendant paid two dollars to plaintiff and took the following receipt:\n\u201cChicago, October 14, 1911.\nReceived of G. P. Fritze Two Dollars to apply on November 1911 rent for first flat at 3423 Perry St., rental to be at the rate of $20 per month for the year. To be put in first-class repair as agreed.\nGeo. Siegfried.\u201d\nPlaintiff\u2019s claim was for forty dollars for rent alleged to be due for May and June, 1913, upon a basis of twenty dollars per month. On June 4, 1913, plaintiff gave defendant a statutory five days\u2019 notice to pay the forty dollars in question or to terminate the tenancy. On June 9,1913, defendant offered to pay twen-' ty dollars but no more, insisting that that was all that was due. Plaintiff declined to receive anything less than forty dollars and brought action for rent and possession.\nPlaintiff testified that the condition of the tenancy was that the rent of twenty dollars should be payable in advance on the first of the month; that he told the defendant so when he called to rent the flat and that for three or four months the defendant paid the rent in advance.\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 5 \u2014where lease is distinguished from receipt. In an action of forcible detainer, an instrument purporting to be a receipt for a certain sum to apply on a subsequent month\u2019s rent for a certain flat at a certain rate per month for the year, with the condition that the premises were to be put in first-class repair as agreed, held to be a receipt rather than a lease containing all the conditions of the renting.\n2. Landlord and tenant, \u00a7 325*\u2014sufficiency of evidence to show rent payable in advance. In an action of forcible detainer evidence held sufficient to sustain the court\u2019s finding that the rent was payable in advance and to warrant a judgment in favor of plaintiff for possession of the premises in question.\nDefendant denied that there was anything said about payment in advance and contended that the rent was not payable until the end of the month, but he himself introduced several receipts which showed that he did not wait until the end of the month before paying.\nC. L. Cassiday, for plaintiff in error.\nMartin C. Koebel, for defendant in error; E. M. Seymour, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, game topic and section number."
  },
  "file_name": "0517-01",
  "first_page_order": 561,
  "last_page_order": 562
}