#### McCormick Theological Seminary of the Presbyterian Church, Defendant in Error, v. E. F. Thompson, Plaintiff in Error.

Gen. No. 23,031.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John J. Sullivan, Judge, presiding. Heard in this court at the March term, 1917.

Affirmed.

Opinion filed July 2, 1917.

Statement of the Case.

Action by McCormick Theological Seminary of the Presbyterian Church, a corporation, plaintiff, against E. F. Thompson, defendant, to recover rent for the months of November and December, 1915, and for at*160torneys ’ fees incurred in collecting rent for the four previous months under the terms of a written lease. From a judgment for plaintiff for $143.50, including $12 for attorneys’ fees, defendant brings error.

Abstract of the Decision.

1. Landlord and tenant, § 327 * — when attorneys’ fees and expenses are allowable under lease. Under a lease in which the lessor agrees to pay, in addition to rent and other matters, “all reasonable costs, attorneys’ fees and expenses that shall be made and incurred by the lessor in enforcing the covenants and agreements of this lease,” attorneys’ fees and expenses incurred fn collecting rent for prior months are allowable as part of the judgment for rent.

2. Landlord and tenant, § 327* — when lease containing provision for attorneys’ fees is not unilateral. In an action on a lease to recover rent and attorneys’ fees and expenses in collecting rent for prior months, held that a lease by which the tenant agreed to pay, in addition to rent and other matters, all reasonable costs, including attorneys’ fees and expenses incurred by the landlord in enforcing the covenants and agreements of the lease, was not unilateral for want of mutuality.

3. Landlord and tenant, § 327* — when provision in lease for payment of attorneys’ fees is valid. A provision in a lease for the payment by a tenant of'attorneys’ fees and expenses incurred by the landlord in enforcing the covenants and agreements of the lease is valid as constituting an indemnity to the landlord against actual loss resulting from a failure of the tenant to keep his agreement.

4. Action, § 68* — when action for rent is not prematurely brought. The contention that an action to recover rent and attorneys’ fees and expenses incurred in collecting previous instalments of rent was prematurely brought, held to be without merit where the.rent was payable in advance on the first day of each month and the rent for the months for which the action was brought was long past due.

Thompson, Moore & Clark, for plaintiff in error.

Mather & Hutson, for. defendant in error.

*

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

Mr. Justice McSurely

delivered the opinion of the court.