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Northern Trust Company, Trustee Under the Will of Daniel Burkhartsmeier, Deceased and Harry Manaster and Brother, Appellees, v. Edward L. Watson, Appellant.

FORCIBLE ENTRY AND DETAINER, § 73 — sufficiency of evidence. In forcible detainer proceedings against farm tenant, lower court erred in granting plaintiff judgment notwithstanding verdict, where notice was insufficient because signed by a trustee and a certain company which involved two legal entities, one a partnership and the other a corporation, no evidence was offered showing that either the signers of the notice was entitled to possession, and defendant's oral lease entered into August 18, 1939, to begin March 1, 1940, and to continue until March 1, 1941, was not barred by statute of frauds because planting of wheat, hauling of manure and plowing constituted part performance.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE DENIS E. SULLIVAN.

"Not to be published in full." Opinion filed April 23, 1941.

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NORTHERN TRUST CO. v. WATSON
(Apr 23, 1941)