{
  "id": 5204144,
  "name": "George Baker, Jr., v. Thomas Clancy",
  "name_abbreviation": "Baker v. Clancy",
  "decision_date": "1897-03-08",
  "docket_number": "",
  "first_page": "85",
  "last_page": "87",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 85"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 225,
    "char_count": 3520,
    "ocr_confidence": 0.485,
    "sha256": "3c41e69e4de69c3ad74d08bc59ac8f6d7aa5923df8c9ccc2e4a28e5b4f9b04f4",
    "simhash": "1:9e63a42479169afc",
    "word_count": 622
  },
  "last_updated": "2023-07-14T19:55:23.961114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Baker, Jr., v. Thomas Clancy."
    ],
    "opinions": [
      {
        "text": "Me. Presiding Justice Shepard\ndelivered the opinion of the Court.\nUpon appeal from a justice of the peace the defendant in error recovered the judgment from which this writ of error is prosecuted.\nThe suit was for rent for the month of April, 1895, claimed to be due and owing under the terms of a certain written demise for two years, of a flat, from the defendant in error to the plaintiff in error, dated May 1, 1894, at $55 a month.\nThe only defense was of release under seal. All rent prior to that for the month of April, 1895, was paid.\nOn April 1, 1895, the plaintiff in error paid the rent for March, and at the same time paid to defendant in error one hundred and sixty dollars more, as a bonus for, or in consideration of the release in question, and thereupon there was indorsed by the defendant in error and delivered to plaintiff in error, on the back of the lease, a release in the following words and figures:\n\u201c Know all men by these presents: That I, Thomas Clancy, in consideration of one dollar and other valuable considerations to me paid by George A. Baker, Jr., do hereby release the said George A. Baker, Jr., lessee in the within lease, from all liability or obligation to perform any of the covenants and agreements contained in said lease, said Baker to vacate the 30th day of April, 1895, and in consideration of the above this lease shall become and be fully canceled and terminated on the 30th day of April, 1895.\nWitness my hand and seal this first day of April, 1895.\nThomas Clanoy. [Seal.]\nUothing was said at the time about the April rent.\nThe only question in the case is, what is the true construction to be placed upon the release ? The trial judge held certain propositions of law, the cause having been submitted to him without a jury, to the effect that Baker was not released from the rent for the month of April, and was liable therefor, and gave judgment accordingly.\nThe discharging part of the instrument is perfectly plain and unambiguous; it is that Baker, the lessee, is thereby released \u201c from all liability or obligation to perform any of the covenants and agreements contained in said lease.\u201d\nSuch a discharge was perfectly consistent with a continuation of the estate or term demised.\n' The estate conferred by the lease was one that did not at all necessarily depend upon the payment of rents. It could as well be created and continue to exist without payment of rent as with it, if the parties should so agree.\nThe provisions of the release, that Baker should vacate the premises and that the lease should be canceled, and the estate ended on April 30th, were not in the least degree inconsistent with, nor did they render at all ambiguous the discharge from payment of rent from the date of the writing.\nThe judgment of the Circuit Court is reversed, and judgment for the plaintiff in error will be entered in this court, \u00a1Reversed, and judgment here.",
        "type": "majority",
        "author": "Me. Presiding Justice Shepard"
      }
    ],
    "attorneys": [
      "Cratty Bros., Jarvis & Cleveland, attorneys for plaintiff in error.",
      "Pease & MoEwen, attorneys for defendant in error."
    ],
    "corrections": "",
    "head_matter": "George Baker, Jr., v. Thomas Clancy.\n1. Construction of Written Instruments\u2014Release of Covenants in a Lease.\u2014A release from all liability or obligation to perform any of the covenants and agreement of a lease includes the obligation to pay rente due and to become due.\nSuit for Rent.\u2014Error to the Circuit Court of Cook County: the Hon. Richard W. Clifford, Judge, presiding.\nHeard in this court at the October term, 1896.\nReversed and judgment entered in this court.\nOpinion filed March 8, 1897.\nCratty Bros., Jarvis & Cleveland, attorneys for plaintiff in error.\nPease & MoEwen, attorneys for defendant in error."
  },
  "file_name": "0085-01",
  "first_page_order": 83,
  "last_page_order": 85
}