860 LAKE SHORE DRIVE TRUST v. GERBER

Gen. No. 47,420.

19 Ill. App.2d 1 (1958)

153 N.E.2d 253

860 Lake Shore Drive Trust, a Trust Created Pursuant to an Agreement Dated as of April 1, 1949, Between Ross J. Beatty, Jr., George F. Brown, and Frank Katzin, as Managing Trustees, and Trust Company of Chicago, as Trustees; Deforest S. Colburn, Frank W. Prindiville, and Jerome S. Selig, as Managing Trustees under Trust Agreement Dated April 1, 1949, and Known as 860 Lake Shore Drive Trust, Appellants, v. William P. Gerber, Appellee.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied October 2, 1958.

Released for publication October 23, 1958.


Attorney(s) appearing for the Case

Goldberg, Devoe, Shadur & Mikva, of Chicago (Milton I. Shadur, Abner J. Mikva, and Marshall J. Moltz, of counsel) for plaintiffs-appellants.

Goldberg & Levin, of Chicago (Mayer Goldberg, and Burton Berger, of counsel) for defendant-appellee.


PRESIDING JUSTICE FRIEND delivered the opinion of the court.

On July 22, 1957 plaintiffs instituted an action in forcible entry and detainer for possession of an apartment occupied by defendant under the terms of a written lease. They had terminated defendant's tenancy after his continuous refusal to comply with House Rule 13 contained in the lease which excluded animals and birds from the demised premises, except by special permission of the lessor. The case was...

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