Midwest Tea Packing Co. v. Currier-Lee Warehouses, Inc.

Full title: Midwest Tea Packing Company, Appellant, v. Currier-Lee Warehouses, Inc.…

Court: Appellate Court of Illinois, First District

Date published: Oct 31, 1949

338 Ill. App. 663 (Ill. App. Ct. 1949)

88 N.E.2d 529

Opinion

Gen. No. 44,666. (Abstract of Decision.)

Opinion filed October 31, 1949 Released for publication November 21, 1949

REFORMATION OF INSTRUMENTS, § 33^_ — insufficiency of complaint. Complaint seeking reformation of lease on ground of alleged mutual mistake of fact as to amount of leased floor space did not state a cause of action in equity, where complaint alleged that defendant had made false representations as to amount of space, and complaint disclosed that plaintiff had occupied space in question for about seven years and had ample time in which to discover actual amount of space.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook County; the Hon. FRANK M. PADDEN, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the December term, 1948.

Harry A. Biossat, for appellant;

Lord, Bissell Kadyk, for appellee;

Cushman B. Bissell and Russell Greenacre, of counsel.

Opinion by JUSTICE FEINBERG.

Not to be published in full. Opinion filed October 31, 1949; released for publication November 21, 1949.