Kleros Bldg. Corp. v. Battaglia
| Decision Date | 03 December 1952 |
| Docket Number | Gen. No. 45754 |
| Citation | 348 Ill.App. 445,109 N.E.2d 221 |
| Parties | KLEROS BLDG. CORP. v. BATTAGLIA. |
| Court | United States Appellate Court of Illinois |
Kirkland, Fleming, Green, Martin & Ellis, Chicago, Thomas W. Barrett, Jr., Oak Park, Vernon M. Welsh, Charles R. Morrow, Chicago, and Thomas W. Barrett, Jr., Oak Park, of counsel, for appellant.
Guerine & Guerine, Melrose Park (Guy C. Guerine, Melrose Park, of counsel), for appellee.
This action originated as a forcible entry and detainer proceeding before a justice of the peace, where a judgment for possession was awarded to plaintiff. Upon appeal to the Superior Court of Cook County, a hearing without a jury resulted in a finding and judgment for defendant, from which plaintiff appeals.
Plaintiff entered into a written lease dated April 1, 1946, with Sam Battaglia and Henry J. LaCroix, as lessees, for a term ending March 31, 1951. The lessees conducted a food mart in the demised premises under the trade-name Harrison Food Mart. Checks for rent up to August 1947 were signed by LaCroix, when LaCroix, it appears, withdrew from the business, and thereafter Battaglia signed the checks for rent. Whether the evidence establishes that LaCroix was a mere employee or manager for defendant, or a partner, or whether Battaglia continued to pay the rent by checks signed by him, after LaCroix withdrew from the business and before Battaglia served his notice, has no material bearing upon the conclusion reached upon the controlling question. There was no assignment of any interest of LaCroix, in the lease, to Battaglia, and such assignment could not be effective had it been made, without the consent of the lessor.
The lease contained the usual provision against subletting or assignment of the lease by the lessees without the written consent of the lessor. A rider attached to the lease, which became a part thereof, provided:
'Lessee shall have the option to renew this lease at the same rental and terms for an additional period of five (5) years beginning April 1, 1951, provided they serve notice of their election so to do on Lessor on or before January 1, 1951, by registered United States mail, return receipt requested.' (Italics ours.)
On November 10, 1950, defendants Sam Battaglia sent a written notice to plaintiff of his election to renew the lease for a period of five years. The notice was signed 'Sam Battaglia.' The option ran to both lessees, and the right to exercise the option was based upon the provision that 'they' (the lessees) serve notice of their election so to do.
Tober v. Collins, 130 Ill.App. 333, is almost identical with the instant case. There, the lease contained an option for renewal. The...
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Jeffrey Kavin, Inc. v. Frye
...by his election to renew, unless authority had been vested in him to do so.’ [Citation.]”]; see also Kleros Bldg. Corp. v. Battaglia (1952) 348 Ill.App. 445, 109 N.E.2d 221, 222 [“ ‘the option [to renew the lease] could ... have been exercised only by [the lessees] jointly’ ”].) The same pr......
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Nouri v. Wester & Co.
...except by its exercise by all of the original lessees. Lamenza v. Shelton, 96 Conn. 403, 114 A. 96 (1921); Kleros Building Corp. v. Battaglia, 348 Ill.App. 445, 109 N.E.2d 221 (1952); Gurunian v. Grossman, 331 Mich. 412, 49 N.W.2d 354 (1951). The rationale for this latter rule is that just ......
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Bernier v. Benson, Gen. No. 47664
...the right to renew granted by a lease is a renewal on the terms of the original instrument. In the case of Kleros Building Corp. v. Battaglia, 348 Ill.App. 445, 109 N.E.2d 221, plaintiff as lessor entered into a written lease with Battaglia and LaCroix in which the lessee was given the opti......
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Lander v. Wedell
...of the option agreement to renew the lease. See also Kaimann v. Spivak, 17 S.W.2d 599 (Mo.App.1929); and Kleros Building Corp. v. Battaglia, 348 Ill.App. 445, 109 N.E.2d 221 (1952). There is no evidence in this record to support the contention that Wedell was acting as agent or personal rep......