#### E. M. Gullick, Defendant in Error, v. Peter Schoenhofen Brewing Company, Plaintiff in Error.

Gen. No. 21,506.

(Wot to be reported in full.)

Abstract of the Decision.

Landlord and tenant, § ‘88 * —when tenancy from year to year created. Where a lessee, before the expiration of his term as subtenant under a lease, signed a renewal lease for three years and gave it to the lessor's agent, who forwarded it to the lessor, who did not notify the agent or the lessee that he had accepted it until a year and a half later and after the lessee, having occupied the premises for a year, had notified the ^.gent of his termination of the lease and had surrendered the premises, held that the lessee was not bound for rent after that time as the instrument was merely a proposed lease and had not been accepted in time by the lessor, the lessee’s continuing in possession creating merely a tenancy from year to year.

Error to the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Reversed with finding of facts.

Opinion filed October 10, 1916.

Statement of the Case.

Action by E. M. Gullick, plaintiff, against the Peter Schoenhofen Brewing Company, a corporation, defendant, for rent under an alleged lease of the plaintiff’s premises. To review a judgment for plaintiff, defendant prosecutes a writ of error.

James J. Kelly, for plaintiff in error; John T. Fitzgerald and John A. Burke, of counsel.

Everett & McGonigle, for defendant in error; John C. Everett, of counsel.

*

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

Mr. Justice McDonald

delivered the opinion of the court.