AUKER v. GEROLD

Gen. No. 65-79.

67 Ill. App.2d 425 (1966)

214 N.E.2d 618

John E. Auker and Gladys Marie Auker, His Wife, Plaintiffs-Appellants, v. E. Fred Gerold, et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

February 18, 1966.


Attorney(s) appearing for the Case

Kassly, Weihl, Carr & Bone, of East St. Louis (Donald E. Weihl, of counsel), for appellants.

Goldenhersh & Goldenhersh, of East St. Louis (Marvin W. Goldenhersh and Michael A. Katz, of counsel), for appellees.


TRAPP, P.J.

This is an appeal from a judgment of the Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois, in favor of the defendants following a trial without a jury. After the premises were destroyed by fire, the plaintiffs brought suit for a return of a "deposit" made in connection with a lease of certain improved real estate.

Plaintiffs, as lessees, and defendants, as lessors, entered a written lease of ground floor space in a small...

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