A Treatise On the American Law of Landlord And Tenant : Embracing the Statutory Provisions And Judicial Decisions of the Several United States in Reference Thereto : With a Selection of Precedents
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As where a lessee covenanted to build and finish a house within a certain time, 1 Quackenbosa v. Clark, 12 "Wend. R. 555; Holford v. Hatch, Dong. 183.
2 Hicks V. Downing, 1 Ld. Kay. 99.
^ Stains v. Morris, 1 Ves. & B. 8 ; Pember v. Mathers, 1 Bro. C. C. 52.
* The Farmers Bank v. The Mutual Ins. Co. 4 Leigh, R. 69 ; Fulton v. Stuart, 2 Ham. R. 221 ; Holford v. Hatch, 1 Doug. 186, n. ; Milne v. Branch, 5 M. & S. 4U ; 1 Vem. E. 87 ; 1 East, E. 502 ; 2 Anst. 413 ; 15 Ves. 265.
5 Armstrong v. Wheele...r, 9 Cow. R. 88 ; Pitcher v. Tovey, 1 Show. 340 ; 4 Mod.
71; 3 Lev. 295 ; Holt, 73; City of London u. Richmond, 2 Vem. R. 451; Staines (!. Morris, 1 Ves. & B. 11 ; Pot v. Jackson, supra.
» Harley v. King, 2 Cr. M. & Ros. 22 ; Onslow v. Come, 2 Mad. E. 330 ; Valliant V. Dodemede, 2 Atk. R. 546; Treade v. Coke, 1 Vem. E. 165.
' Doug. 451 ; Co. Lit. 3, a, 356, a.
OH. X.] THE EIGHTS AND LIABILITIES OF AN ASSIGNEE. 295 and after that time had expired, assigned the lease ; it was held, that this covenant should not bind the assignee, inasmuch as it ■was broken before the assignment was made to him ; though it would have been otherwise if the lessee had executed the assign- ment before the time specified for finishing the house had expired.^ It is otherwise, also, where there is a continuing breach ; as if there be a covenant to repair within a certain time after notice, if the lessee does not repair upon notice by the assignee, covenant lies, though it was out of repair before the assignment.^ Although an eviction out of part of the estate will discharge a lessee from the payment of any rent, the case is different with an assignee, for if he is turned out of possession of part of the premises, he must pay rent for so much of it as he has not been put out of the possession of, being liable upon his real contract in respect of the land.^ 450.
What to read after A Treatise On the American Law of Landlord And Tenant : Embracing the Statutory Provisions And Judicial Decisions of the Several United States in Reference Thereto : With a Selection of Precedents?
You can find similar books in the "Read Also" column, or choose other free books by Taylor, John Neilson, 1805-1878 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
As where a lessee covenanted to build and finish a house within a certain time, 1 Quackenbosa v. Clark, 12 "Wend. R. 555; Holford v. Hatch, Dong. 183.
2 Hicks V. Downing, 1 Ld. Kay. 99.
^ Stains v. Morris, 1 Ves. & B. 8 ; Pember v. Mathers, 1 Bro. C. C. 52.
* The Farmers Bank v. The Mutual Ins. Co. 4 Leigh, R. 69 ; Fulton v. Stuart, 2 Ham. R. 221 ; Holford v. Hatch, 1 Doug. 186, n. ; Milne v. Branch, 5 M. & S. 4U ; 1 Vem. E. 87 ; 1 East, E. 502 ; 2 Anst. 413 ; 15 Ves. 265.
5 Armstrong v. Wheele...r, 9 Cow. R. 88 ; Pitcher v. Tovey, 1 Show. 340 ; 4 Mod.
71; 3 Lev. 295 ; Holt, 73; City of London u. Richmond, 2 Vem. R. 451; Staines (!. Morris, 1 Ves. & B. 11 ; Pot v. Jackson, supra.
» Harley v. King, 2 Cr. M. & Ros. 22 ; Onslow v. Come, 2 Mad. E. 330 ; Valliant V. Dodemede, 2 Atk. R. 546; Treade v. Coke, 1 Vem. E. 165.
' Doug. 451 ; Co. Lit. 3, a, 356, a.
OH. X.] THE EIGHTS AND LIABILITIES OF AN ASSIGNEE. 295 and after that time had expired, assigned the lease ; it was held, that this covenant should not bind the assignee, inasmuch as it ■was broken before the assignment was made to him ; though it would have been otherwise if the lessee had executed the assign- ment before the time specified for finishing the house had expired.^ It is otherwise, also, where there is a continuing breach ; as if there be a covenant to repair within a certain time after notice, if the lessee does not repair upon notice by the assignee, covenant lies, though it was out of repair before the assignment.^ Although an eviction out of part of the estate will discharge a lessee from the payment of any rent, the case is different with an assignee, for if he is turned out of possession of part of the premises, he must pay rent for so much of it as he has not been put out of the possession of, being liable upon his real contract in respect of the land.^ 450.
What to read after A Treatise On the American Law of Landlord And Tenant : Embracing the Statutory Provisions And Judicial Decisions of the Several United States in Reference Thereto : With a Selection of Precedents?
You can find similar books in the "Read Also" column, or choose other free books by Taylor, John Neilson, 1805-1878 to read onlineMoreLess
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