This section contains the nature of the case and procedural background.

P filed a forcible detainer suit against D to recover possession of premises in Chicago Heights which were improved with a brick building used as a gasoline station. D was to pay 1 1/4 cents for each gallon of gasoline sold as rental for the premises; that D had performed all the covenants of the lease, paid the monthly rent which was approximately $140 a month up to May 1, 1939; that shortly prior to that date D acquired an adjoining lot and erected another gasoline station thereon which he continued to operate from May 1, and abandoned the operation of the gas station on P's premises. P claimed $ 1,000 was due under the terms of the lease. D admitted he operated a gasoline station on the adjoining premises but denied that he had breached any of covenants of the lease. After the new station was built, D sold about 200 gallons of gasoline a month at the leased premises when prior to the new station, D had sold approximately 12,000 gallons a month. The court found that D had maliciously failed and refused to operate the gasoline station on P's and P was owed $1.696.25 in damages.

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