Opinion
Gen. No. 44,514. (Abstract of Decision.)
Opinion filed May 18, 1949 Rehearing denied June 13, 1949 Released for publication June 17, 1949
SPECIFIC PERFORMANCE, § 146 — insufficiency of evidence of oral contract for lease. in tenant's action in equity to compel landlord to execute a five-year lease of premises used as a tavern, decree dismissing complaint for want of equity and taxing half of costs against landlord was affirmed where record showed that there were some equities in tenant's favor but that his proof was not sufficient to leave no reasonable doubt as to whether there was an oral contract for lease in question.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. DONALD S. McKINLAY, Judge, presiding.
Decree affirmed. Heard in the third division, first district, this court at the October term, 1948.
Francis Borrelli and Robert R. Porto, for appellant;
Max C. Liss, of counsel;
Frank F. Trunk, Homer A. Dodge and Grenville Beardsley, for appellee.
Not to be published in full. Opinion filed May 18, 1949; rehearing denied June 13, 1949; released for publication June 17, 1949.