Legal Opinion
Faylor v. Brice
Indiana Court of Appeals
Decided September 22, 1893No. 848PublishedCited by 13 opinions
Prom the Wells Circuit Court.
1Opinion of the CourtRoss, J.
The appellee brought this action against the appellant, asking the forfeiture of a lease, and to recover possession of the leased premises.
The first error assigned calls in question the sufficiency of the complaint.
The lease declared on, under the terms of which the appellee by his complaint seeks a forfeiture, was to run for a term of one year from the first day of June, 1890, with the privilege of an additional two years. The complaint seeks to have a forfeiture declared for failure to pay rent, as provided in the lease.
Courts do not look with favor on covenants of forfeiture, hence they…
2Cases cited8 opinions
- Chicago & Atlantic Railway Co. v. SummersIndiana Supreme Court · 1887
- Port v. WilliamsIndiana Supreme Court · 1855
- Mabin v. WebsterIndiana Supreme Court · 1891
- City of Elkhart v. SimontonIndiana Supreme Court · 1880
- Burk v. TaylorIndiana Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Goff v. GrahamIndiana Court of Appeals · 1974
- Ogle v. WrightIndiana Court of Appeals · 1977
- Templer v. Muncie Lodge, I. O. O. F.Indiana Court of Appeals · 1912
- Atkinson v. Wabash RailroadIndiana Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.