Appellate Court of Illinois, 1917

Billos v. Kozlowski

Billos v. Kozlowski
Appellate Court of Illinois · Decided April 16, 1917 · McSurely
205 Ill. App. 285

Billos v. Kozlowski

Opinion of the Court

Mr. Presiding Justice McSurely

delivered the opinion of the court.

2. Damages, § 85*—what is nature oí money deposited By tenant as security for rent. Money deposited by a tenant as security for rent will, as a rule, be regarded as a penalty merely and not as liquidated damages, and it is immaterial whether the deposit is called a penalty or liquidated damages, and particularly so when the deposit is out of all proportion to the rent due. 3. Damages, § 85*—what is important in determining whether deposit is penalty or otherwise. The element of reasonableness is an important factor in determining whether or not a deposit should be considered as a penalty or otherwise,' and if the forfeiture would be unreasonable, the entire deposit should. not be applied as liquidated damages.

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