Jack Spring, Inc. v. Little

Defendants Emma Little and Zeleta Price appeal from judgments of the circuit court of Cook County awarding plaintiffs Jack
Spring, Inc. and Sutton & Peterson, Inc. respectively, possession of premises described as "3901 West Jackson 3rd
floor," and "a three room apartment on the second floor of premises located at 7804 Prairie," both in Chicago. Because of
the similarity of the issues involved we ordered the appeals consolidated for argument and opinion. In the action against defendant Little, the complaint alleged that rent for the premises for a period of two months was
due and owing, that there was due plaintiff from defendant for such rental the sum of $270, and that plaintiff claims possession
of the property and $270 "as rent or damages." It is not apparent from the record when or if the complaint was amended, but
the judgment entered, and from which defendant Little appeals, is for possession of the premises only. In the action against
defendant Price the complaint alleged that defendant unlawfully withheld possession of the premises and did not allege any
failure to pay rent. The parties however, state in their briefs that plaintiff's claim to possession was based on defendant
Price's failure to pay rent.