#### Alma Herfurth and Esther M. Connor, Plaintiffs in Error, v. Mrs. R. E. Corigan, Defendant in Error.

Gen. No. 23,042.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. William N. G-emmill, Judge, presiding. Heard in this court at the March term, 1917.

Reversed and judgment here.

Opinion filed July 2, 1917.

Statement of the Case.

Action by Alma Herfurth and Esther M. Connor, plaintiffs, against Mrs. E. E. Corigan, defendant, to recover rent for the period during which the premises remained vacant, between the date defendant vacated the premises and the day they were rented to another during the term of the lease. Prom a judgment for plaintiffs, defendant brings error.

*141Abstract of the Decision.

Landlord and tenant, § 279 * — when tenant is not warranted in vacating premises because of failure of landlord to properly heat. Even though a lease did contain a provision whereby the lessor of an apartment was bound to furnish heat for the premises, the lessee was not warranted in vacating them where the only complaints made were relative to the heating during the previous winter and he had continued in possession and paid rent until the next succeeding October.

William English, for plaintiffs in error.

Joseph R Burres, for defendant in error; Edward H. Rosenberg, of counsel.

*

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

Mr. Justice Dever

delivered the opinion of the court.