{
  "id": 3016069,
  "name": "Frank H. Morgan, Appellee, v. Arthur G. Vierling, Appellant",
  "name_abbreviation": "Morgan v. Vierling",
  "decision_date": "1918-05-15",
  "docket_number": "Gen. No. 23,679",
  "first_page": "317",
  "last_page": "318",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 317"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 178,
    "char_count": 2280,
    "ocr_confidence": 0.551,
    "sha256": "5132493c32e43e89cf7dc4d20bfdbee5b40f717729cea3873a86a5389c2961db",
    "simhash": "1:5c1d8b9b5fe6e1dd",
    "word_count": 377
  },
  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Frank H. Morgan, Appellee, v. Arthur G. Vierling, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Taylor\ndelivered tie opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Taylor"
      }
    ],
    "attorneys": [
      "Robert F. Kolb, for appellant; Frank Ingraffia, of counsel.",
      "Adame, Crews, Bobb & Wescott, for appellee."
    ],
    "corrections": "",
    "head_matter": "Frank H. Morgan, Appellee, v. Arthur G. Vierling, Appellant.\nGen. No. 23,679.\n(Not to he reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.\nReversed and remanded.\nOpinion filed May 15, 1918.\nStatement of the Case.\nAction by Frank H. Morgan, plaintiff,. against Arthur G-. Yierling, defendant, to recover for the rental of an apartment. There was a judgment by confession for plaintiff for $42.50 and for $20 attorney\u2019s fees, and from a judgment overruling defendant\u2019s motion to vacate the judgment, he appeals.\nRobert F. Kolb, for appellant; Frank Ingraffia, of counsel.\nAdame, Crews, Bobb & Wescott, for appellee.\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 264 \u2014 what constitutes constructive eviction. Failure on the landlord\u2019s part to provide heat as required by the terms of the lease may constitute a constructive eviction.\n2. Landlord and tenant \u2014 when affidavit of defense in action for rent is sufficient. An affidavit of defense in an action for rent setting up a constructive eviction by failure to furnish heat is sufficient where it recites the temperature and time of such failure, and it is obvious that if the recitals are true the heat furnished was not sufficient for the use of the premises for the purposes for which they were rented, and it is not necessary that the affidavit negative the provision contained in the lease by which the lessee waives all right to claim an eviction in case the landlord is unavoidably delayed from furnishing heat.\n3. Landlord and tenant, \u00a7 319* \u2014 when burden of proving unavoidable delay in furnishing heat is on landlord. In an action for rent, where defendant sets up a constructive eviction by plaintiff\u2019s failure to furnish heat, it is not necessary that he show that plaintiff was not unavoidably delayed in furnishing heat, but the burden of proving such delay is on the landlord, even though the lease provides that the lessee waives the right to claim an eviction in case the landlord is unavoidably delayed in furnishing heat.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0317-01",
  "first_page_order": 371,
  "last_page_order": 372
}