{
  "id": 2895605,
  "name": "Consumers Market House Company, Defendant in Error, v. L. Walter Powers, Plaintiff in Error",
  "name_abbreviation": "Consumers Market House Co. v. Powers",
  "decision_date": "1915-03-23",
  "docket_number": "Gen. No. 20,448",
  "first_page": "89",
  "last_page": "90",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 89"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.521,
    "pagerank": {
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    "sha256": "12ecd6c9229ce3a88cfeaec54d15743a1bc0f32d46061f0de3276f8b4d8d29c3",
    "simhash": "1:603fcb9535acb2bc",
    "word_count": 402
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  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Consumers Market House Company, Defendant in Error, v. L. Walter Powers, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 310 \u2014when reletting of premises on vacation not required. Where a sublessee vacates the premises and abandons his lease, the sublessor is not required to relet the premises to another person procured by the tenant, where such other person desires to use the premises for a different purpose from that to which the sublease restricted the use of the premises.\n2. Landlord and tenant, \u00a7 310*\u2014when tender of new tenant by tenant abandoning sublease not a defense to action for rent. The fact that a sublessee vacating the premises and abandoning his lease tenders a new tenant is no defense .to an action for rent, where the business which the new tenant desires to conduct is not permitted by the terms of the lease.\n3. Landlord and tenant, \u00a7 81*\u2014who bound by restrictive covenants. A covenant in a lease restricting the use of the premises for certain specified purposes, is binding upon the lessees and subtenants.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Everett & McGonigle, for plaintiff in error; John C. Everett, of counsel.",
      "Silber, Isaacs, Silber & Woley, for defendant in error; Frederick D. Silber, of counsel."
    ],
    "corrections": "",
    "head_matter": "Consumers Market House Company, Defendant in Error, v. L. Walter Powers, Plaintiff in Error.\nGen. No. 20,448.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Oscar M. Torrison, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1914.\nAffirmed.\nOpinion filed March 23, 1915.\nStatement of the Case.\nAction by Consumers Market House Company, plaintiff, against L. Walter Powers, defendant, for rent.\nDefendant sublet certain premises from plaintiff under a sublease providing that he should occupy the premises \u201cfor a bakery store for the sale of bakery goods only and for no other purpose whatever.\u201d Defendant\u2019s lease also provided that if he abandoned or vacated the premises they should be relet by plaintiff \u201cfor such rent and upon such terms\u201d as it should see fit.\nThe premises were abandoned by defendant, but before any further rent accrued he tendered plaintiff a tenant who offered to lease the premises as an office for a cleaning and dyeing establishment, but plaintiff refused to accept him.\nTo reverse a judgment for plaintiff, defendant prosecutes this writ of error.\nEverett & McGonigle, for plaintiff in error; John C. Everett, of counsel.\nSilber, Isaacs, Silber & Woley, for defendant in error; Frederick D. Silber, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0089-01",
  "first_page_order": 113,
  "last_page_order": 114
}