Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (116; V. 146)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895. Excerpt: ... LANDLORD AND TENANT. Contract Fob Rent. Continued. may be recovered as such in a suit upon the lessee's bond given to secure the rent due and to become due. Neagle v. Kelly, 460. Lease. 2. Covenant against obstructing light, construed. A lease of premises consisting, first, of the basement, and secondly, the store floor, and also a space in the yard at the rear, twenty-five feet deep, contained a provision as follows: Party of the first part shall not build at the rear of said premises nearer than twenty-five feet, and no obstruction higher than six feet shall be placed in such manner as to obstruct light to said premises: Held, that the meaning of the word premises should not be restricted to the demised building alone, but embraces also the space in the rear thereof, and that the agreement not to place any obstruction exceeding six feet in height was not confined to the rear of the demised building. Keating v. Springer, 481. Liability Of Iandlobd. 3. For obstructing passage of air and light to tenant's windows. A landlord will not be liable for obstructing his tenant's windows by building on the adjoining close, in the absence of any covenant or agreement in the lease forbidding him to do so. But the right to have the light and air enter the windows of a building over an adjoining lot may exist by express graut, or bj' virtue of an express covenant or agreement. Ibid. 481. 4. Where a landlord covenants with the tenant that no obstruction higher than six feet shall be placed by the former in such manner as to obstruct light to said premises, and the landlord erects a five-story building near the demised premises, the tenant, in an action against him for the rent, and in an action by him against the landlord for damages, will have the right to show, ...