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Harts v. Arnold Brothers

Illinois Supreme Court

149 N.E. 420 (1925)

Relevant factsFree

Daisy Harts (plaintiff) leased two buildings to Arnold Brothers (defendant) under a lease permitting alterations but requiring restoration to original condition at the lease's end. Harts sued for waste before the lease term expired. The trial court awarded only nominal damages because Harts presented no evidence of decreased market value, but the appellate court reversed, holding the correct measure was the cost of restoring the buildings.

IssueFree

Whether the proper measure of damages for a tenant's waste, during an ongoing lease term, is the decrease in the property's market value or the cost of restoration.

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