Seggebrush v. Stosor
Appellate Court of Illinois
33 N.E.2d 159 (Ill. App. Ct. 1941)
Relevant factsFree
Stosor (defendant) leased land from Seggebrush (plaintiff) to run a gas station, paying rent based on 1.25 cents per gallon sold at that location, and had been selling about 12,000 gallons monthly generating roughly $140 in monthly rent; after acquiring adjoining property and opening a second station there in May 1939, sales at the leased premises dropped to about 200 gallons monthly with no change in Stosor's overall total gallons sold, and the trial court awarded Seggebrush a judgment for the resulting lost rent.
IssueFree
Whether a party is under an implied duty to use reasonable diligence in performing under a contract.