Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 39 (April Term, 1864, November Term, 1865, And January Term, 1866)
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In cases like this, special damage and loss of profits are recoverable. 26 111. 208 ; 13 How. 447. Contract must gov- ern as to rent. 17 111. 38. See also 27 111. 408; 19 How. side page 454. Mr. J. B. Undekwood, for the appellees. Mr. Chief Justice Walkek delivered the opinion of the Court : It is insisted that the contract in this case does not amount to a lease of the premises, because the ground on which the 518 Haven" & White v. Wakefield et al. [Jan. T., Opinion of the Court. building was ...erected did not belong to appellees when the agreement was executed, nor was the building then in exist- ence. A fair and reasonable construction of the contract, we think, bound appellants for the yearly payment of the stipula- ted sum as rents ; but it gave them the election by which it could be changed from a lease to a purchase of the property, within the period limited for the purpose. And it provided that the money previously paid as rent, if they elected to purchase, should become a payment on the price of the land.
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