#### Hyman Winograd, Defendant in Error, v. Maurice Olson, Plaintiff in Error.

Gen. No. 23,091.

(Not to be reported in full.)

Abstract of the Decision.

1. Landlord and tenant, § 67 * — when lease not construed as meaning that premises demised should be used as garage. A lease providing that premises are to be used only as a store, to handle and sell automobile accessories and as a showroom for new automobiles, but no repairs of any kind will be allowed on the premises, cannot be construed as meaning that the premises demised should be used as a garage.

2. Contracts, § 173* — when construction rendering contract valid and enforceable adopted. Where a contract is capable of opposite constructions, one of which would render it valid and enforceable and the other illegal and void, the former construction should be adopted.

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

Affirmed.

Opinion filed October 2, 1917.

Statement of the Case.

Action by Hyman Winograd, plaintiff, against Maurice Olson, defendant, to recover for rent due under a lease. From a judgment for plaintiff for $114, defendant brings error.

William A. Jennings, for plaintiff in error.

No appearance for defendant in error.

*

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

Mr. Justice McSurely

delivered the opinion of the court.