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John J. Gierash, Appellant, v. Stanley A. Babiarz, Appellee.

LANDLORD AND TENANT, § 119 — failure of tenant to procure insurance. Provisions of lease providing that tenant would pay for plate glass and dram shop insurance were to be construed as a simple agreement by tenant to pay whatever plate glass and dram shop insurance premiums the landlord paid during term of lease; hence tenant could not be in default for failure to secure and pay for dram shop insurance until landlord had procured and paid for such insurance.

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

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed December 28, 1948; released for publication January 14, 1949.

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GIERASH v. BABIARZ
(Dec 28, 1948)