Page images
[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Copyright, 1886,
By Little, Brown, AND COMPANY.

Rec elit. 151886




LABOR – Assumpsit for Work and Labor. LANDLORD AND TENANT - continued.

Rights and Liabilities of Landlord Right of Lien for Labor.

Entry Lien for Rent · Distress.

See pl. 22–33.

Assignment By Lessor - By Lessee - Sur. LACHES -- Affecting Right to Specific Perform render.

See pl. 34–36.
See SPECIFIC PERFORMANCE, 44 et seq. Assumpsit for Use and Occupation.
Defence in Equity In general.

See pl. 37–38.

1. Lease Construction.] A contract Letters-palent

Reissue Right lost by is a lease where it contains all the essential Laches,

elements thereof. Thomas v. West Jersey RailSee PATENT — REISSUE, 7 et seq.

road Co., 101 U. S. 71. United States Laches not imputable to. 2. Where the government hires buildings and See BOND, 35.

surrounding grounds to be used for "all pur

poses,” it may use the buildings for a small-pox LAND -- Circuit Court now no Original Jurisdic- hospital. United States v. Bostwick, 94 U. S. 53.

tion to reform Surveys of Mexican Land 3. Where the government hired buildings, Claims in California.

etc., for a certain term at a certain sum per See CIRCUIT COURT JURISDICTION, 38. month, with the privilege of an extension of the Contracts respecting, under Statute of Frauds. term, and the lessor after expiration of the term See FRAUDS, STATUTE OF, 1, 11 el seq.

accepted a payment without objection at a less Conreyance - In general.

rate for part of the term and for time beyond, See Deed.

that rate was held to be the rate at which the Covenants running with.

extended term should be computed. Ib. See COVENANT.

4. Where a lease stipulated that if the tenant

underlet or attempted to remove any of his goods Decisions of State Courts respecting Titles to without consent, then, at the landlord's option, Land followed by Federal Courts.

the term should cease," and moreover, in either See FEDERAL COURTS - State Laws, of said cases,

one whole year's rent” RULES OF Decision, 20 et seq. and above such rents thereinbefore reserved to be Grant In general.

paid each month as should already have accrued See GRANT.

should become due and might be “levied by disPublic Lands of the Several States In gen. tress and sale” of goods, it was held that the eral.

stipulation contemplated rent in advance, at the See LANDS OF STATES.

landlord's option, and not a penalty independent

of rent. Dermott v. Wallach, 1 Wal. 61. Public Lands of the United States eral.

5. Where a city on the Mississippi leased a See LANDS OF UNITED STATES.

wharf for a certain term, stipulating that if the

right to collect wharfage should be " suspended Purchase from and Conveyance to Indians. See İndiANS.

for any period by the intervention of third par

ties” the time of such suspension should be Sale - In general.

added to the term, it was held that the time durSee VENDOR AND PURCHASER.

ing which navigation was interrupted by the war

was not within the stipulation. Marshall v. LANDLORD AND TENANT — Lease Construc- Vicksburg, 15 Wal. 146. tion.

6. And where it provided that if the right to See pl. 1-9.

collect wharfage should be “interrupted or deRights and Liabilities of Tenant Right to feated permanently through the instrumentality

attorn to Holder of Paramount 7'itle, to re- or with the aid ” of the city, the property which move Buildings, to demand Payment there. the lessee had conveyed to the city should revert, for, etc. Liability for Waste, for Acci- it was held that his right was not violated by an dental Damages.

ordinance reducing wharfage charges which he See pl. 10-21.

himself caused to be passed, nor by a tax, as dis


In gen

LANDLORD AND TENANT - continued. | LANDLORD AND TENANT - continued. tinguished from a wharfage charge, which the city thereafter to such authorities, it was held that the had reserved a right to lay, nor by a quarantine owner could not recover of the lessee the rent for embargo laid with the complainant's consent. 16. the period during which he paid to such authori.

7. Under the act of May 20, 1870 (16 Sts. ties. Harrison v. Myer, 92 U. S. 111. 124), authorizing a market company in the Dis 14. Where, on the occupancy of Memphis by trict of Columbia to let its stalls for a term of the federal forces, the commanding general or. years to the highest bidders, subject to the pay. dered a lessee of premises to pay rent to a miliment of a fixed annual rent, one so hiring to tary rental agent instead of to the agent of the “ be considered as having the good-will and the lessor, to be sent to the lessor within the confedright to retain the possession thereof so long as erate lines, whither he had gone, and the lessee he chooses to occupy the same for his own busi- refused and was accordingly dispossessed, and ness and pay the rent therefor," the lessee's right his sub-lessees were ordered to pay, and did pay, of occupancy ceased with the term. (BRADLEY to the inilitary rental agent, it was held, in a suit and HarlẢN, JJ., dissenting.) Washington by the lessor against the lessee, that the latter Market Co. v. Hoffman, 101 U. S. 112. was not liable for rent for the period during

8. Where one wrote to his kinswoman, a mar- which he was thus dispossessed. Gates v. Good. ried woman, proposing to her to occupy a farm loe, 101 U. S. 612. on which she and her husband then were living, 15. A building erected by a tenant with a and to pay a certain rent therefor, and she ac- view to carrying on his business as a dairyman, cepted, and there was nothing in the correspond- and as a residence for his family and servants enence beyond the offer and the acceptance from gaged in that business, the residence of the fam. which to infer an intent to lease to her to the ily therein being merely to enable them to carry exclusion of her husband, the husband was held on the trade more beneficially, may be removed to sustain the relation of tenant to the lessor. by the tenant during the terin, whatever its size Lucas v. Brooks, 18 Wal. 436.

or materials. Van Ness v. Pacard, 2 Pet. 137. 9. A covenant in a lease giving the lessee an 16. In the absence of contract, the landlord is option to purchase during the term is in the na- not bound to pay the tenant for buildings erected ture of a continuing offer to sell, and binds the during the term, the innovation on the commonlessor when duly accepted, the lease, being under law rule having gone no further than to give the seal, importing consideration, and the offer, there. tenant a right to remove them while he is in pos. fore, an offer from which the lessor cannot recede. session. Kutter v. Smith, 2 Wal. 491. Willard v. Tayloe, 8 Wal. 557.

17. Where a lease of a water-power provides 10. Rights and Liabilities of Tenant plainly and with a specification of rates for an Right to attorn to Holder of Paramount Title, to abatement of rent for failure of water, the tenant remove Buildings, to demand Payment therefor, cannot, by bill to enjoin a writ of possession isetc. Liability for Waste, for Accidental Dam. sued after recovery at law for forfeiture for nonages.) Where one builds on land of another, payment of rent, set up a claim for repairs renagreeing to pay a certain ground rent, and to dered necessary by the lessor's gross negligence : surrender after a certain time on payment of the his remedy is determined by the contract. Sheets value of the building, to be fixed by arbitrators v. Selden, 7 Wal. 416. and to be a lien on the property, and the ap 18. Nor will equity restrain execution of the praisement is made and judgment rendered for writ on the ground of non-reduction for failure of the amount, the lessee remaining in possession water, as that might have been set up in the must, in equity, be treated as a mortgagee in ejectment. Ib. possession, and, while entitled to interest on the 19. In the absence of express covenant, the sum awarded, must account for rents and profits. tenant is impliedly bound to commit no waste ; Scruggs v. Memphis & Charleston Railroad Co., as, for instance, in case of the lease “ for all 108 V. S. 368.

purposes ” of buildings and surrounding lawns, 11. Tenants in possession under one who is gardens, etc., he is bound not to permit ornaa constructive trustee by reason of a fraud, but mental trees and shrubbery to be destroyed, who are not averred to have had notice of the fences and walls to be torn down, stone and fraud, cannot be ousted by a court of equity. gravel to be taken from quarries and pits in the Ringo v. Binns, 10 Pet. 269.

surrounding lands, etc. United States v. Bosi. 12. Where a teuant is threatened with a suit wick, 94 U. S. 53. by the holder of a paramount title, be may submit 20. In the absence of an express covenant to in good faith and attorn to the holder of such repair, a tenant is not answerable for accidental title ; the threat of suit is equivalent to an evic- damages, nor bound to rebuild where the build. tion. Merryman v. Bourne, 9 Wal. 592. ings are accidentally destroyed by fire. Ib.

13. Where premises in Louisiana, belonging 21. Although a tenant is estopped, during the to a citizen of that state, were seized by the fed- existence of the tenancy, from denying his landeral military authorities in the owner's absence, as lord's title, yet if the tenant disclaim holding abandoned, and the lessee in possession was com- under that title, and give notice that he holds pelled to enter into a new lease, and to pay rent | adversely, the relation of landlord and tenant is

« PreviousContinue »