A Practical Treatise On the Law of Replevin in the United States; With An Appendix of Forms, And a Digest of Statutes
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L. E. Yol. 6, p. 10), containing the same principle, as repugnant to the principle of Vasper v. Eddowes, which may be regarded as a binding authority upon us, it having been decided before the revolution, and which settles the prin- ciple that a party having a right to distrain, can- not, after having made a distress, resort to any other remedy for the same cause, without showing that the distress has been rendered unproductive either by the act of God, or the act of the person from whom it has... been taken. "^ A failure upon the part of the landlord to comply with stipulations in the lease which enter into the consideration therefor, as, for instance, to do certain repairs, takes away his right to receive the rent, or so much of it as is equivalent to the loss sus- tained by the tenant, and this failure may be given in evidence under the plea of no rent in arrear.^ !N^ot so where the promise to repair forms no part of the original contract,^ and the proper measure of da- mages in such a case is the difference between the worth of the premises in the condition in which ' Quia V.
What to read after A Practical Treatise On the Law of Replevin in the United States; With An Appendix of Forms, And a Digest of Statutes?
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To quickly assess the difficulty of the text, read a short excerpt:
L. E. Yol. 6, p. 10), containing the same principle, as repugnant to the principle of Vasper v. Eddowes, which may be regarded as a binding authority upon us, it having been decided before the revolution, and which settles the prin- ciple that a party having a right to distrain, can- not, after having made a distress, resort to any other remedy for the same cause, without showing that the distress has been rendered unproductive either by the act of God, or the act of the person from whom it has... been taken. "^ A failure upon the part of the landlord to comply with stipulations in the lease which enter into the consideration therefor, as, for instance, to do certain repairs, takes away his right to receive the rent, or so much of it as is equivalent to the loss sus- tained by the tenant, and this failure may be given in evidence under the plea of no rent in arrear.^ !N^ot so where the promise to repair forms no part of the original contract,^ and the proper measure of da- mages in such a case is the difference between the worth of the premises in the condition in which ' Quia V.
What to read after A Practical Treatise On the Law of Replevin in the United States; With An Appendix of Forms, And a Digest of Statutes?
You can find similar books in the "Read Also" column, or choose other free books by Phineas Pemberton Morris to read onlineMoreLess
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