Klesath v. Barber
| Decision Date | 07 March 1972 |
| Docket Number | Gen. No. 71--110 |
| Citation | 4 Ill.App.3d 86,280 N.E.2d 283 |
| Parties | Eva Lee KLESATH et al., Plaintiffs-Appellees, v. J. W. BARBER and B. Barber, Defendants-Appellants. |
| Court | United States Appellate Court of Illinois |
Edward X. Rashid, Streator, for defendants-appellants.
John A. Berry, Ottawa, for plaintiffs-appellees.
This is an appeal from a judgment entered on a motion for summary judgment in favor of plaintiffs, Eva Lee Klesath, Melvin Matter and Raymond Matter, against defendants, J. W. Barber and B. Barber. Plaintiffs filed suit for declaratory judgment and injunction in connection with termination of a farm tenancy of defendants.
The sole issue is whether summary judgment should have been granted and, in particular, whether defendants' denials in their answer and in their counter-affidavit were sufficient to raise factual issues requiring trial.
Plaintiffs' complaint alleged ownership of certain described farm property in Eva Lee Klesath; rental thereof in the fall of 1957 to J. W. Barber on a crop share basis; continuance as tenant from year to year until February 28, 1971; assistance by B. Barber, brother of J. W. Barber, in the farming; service of a written notice of termination of such tenancy on both defendants by the sheriff on September 24, 1970; the rental of such property by Klesath to the other plaintiffs, Melvin Matter and Raymond Matter, as of March 1, 1971; and a course of conduct by defendants by letters and otherwise intimidating plaintiff Klesath; and finally, occupancy and farming of the premises by the other plaintiffs. Plaintiffs prayed for declaratory judgment of termination of the tenancy and temporary and permanent injunction against defendants farming or entering the premises.
Defendants filed an answer admitting ownership by Klesath, the farm tenancy from year to year by J. W. Barber, the service of the termination notice, and generally denying other allegations. The complaint alleged and the answer admitted that Melvin and Raymond Matter entered the premises to spread fertilizer thereon on March 29, 1971, and that defendants came on the premises and threatened Matters and ordered them and their machinery off the premises.
The premises consist of 80 acres of tillable farmland, having no improvements except a corn crib. Defendants never lived thereon. However, defendants refused to move certain stored corn and a tractor from the premises.
Plaintiffs filed motion for summary judgment supported by affidavit of Eva Lee Klesath setting up the facts substantially as alleged in their complaint, including that certain letters were written by defendants to Klesath stating that she had authorized them to plant a clover crop which is a two-year crop and that they notified her not to plow under the clover crop; and such affidavit set up certain other specific letters and threats from defendants to the effect that they intended to farm in 1971 and they considered their tenancy not terminated and would treat any entry on the premises by plaintiffs as a criminal trespass. The affidavit further stated that on March 30, 1971, J. W. Barber came to the home of Raymond Matter and threatened him that if he planted corn on the premises, Barber would disc it out.
Defendant, J. W. Barber, filed a counter-affidavit setting up that in the spring of 1969 plaintiff Klesath directed planting of the clover on ten acres; that clover is a two-year crop and plaintiff paid him on January 26, 1971 for the clover seed; and that plaintiff was aware defendants had certain crops in bins on the farm and certain other personal property.
Defendant, J. W. Barber, also filed a petition to remove the personal property belonging to him located on the property. Plaintiffs filed answer to this petition, claiming a lien on the grain and personal...
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Murphy v. Rochford
...on the nature of the consideration involved. The test of a motion for summary judgment is in the entire record. (Klesath v. Barber (1972), 4 Ill.App.3d 86, 280 N.E.2d 283.) Therefore, we have reviewed the record of that hearing. At that hearing defendants' counsel "The Court understands val......
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Perry v. Evanston Young Men's Christian Ass'n
...to possession of his room. It is the duty of a tenant to surrender possession at the expiration of his lease. Klesath v. Barber (3d Dist. 1972), 4 Ill.App.3d 86, 280 N.E.2d 283; Karagianis v. Stathopulos (1928), 248 Ill.App. 297; 24 Ill.L. & Prac., Landlord and Tenant § 301, at 356 Perry do......
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Van Vactor v. Blue Cross Ass'n
...test of a motion for summary judgment lies in the entire record, pleadings, affidavits and counter-affidavits. (Klesath v. Barber (1972), 4 Ill.App.3d 86, 88, 280 N.E.2d 283.) Since upon reviewing this record we have found no specific facts set forth by defendant showing the existence of a ......
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Kuberski v. Noonan, 74--55
...and entered judgment in favor of Noonan and against Kuberski. We must now determine whether, from the entire record (Klesath v. Barber, 4 Ill.App.3d 86, 280 N.E.2d 283), it appears that there was a genuine issue of material fact preventing entry of summary judgment under Section 57 of the C......