Louisville & Nashville Railroad v. Bickel
Court of Appeals of Kentucky
Case 38 — FORCIBLE DETAINER APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION Appellant was entitled to a new trial upon the ground of surprise. (McFarland v. Clark, 9 Dana, 136; McCall v. Hitchcock, 9 Bush, 71; McKinney v. Commonwealth, 1 J. J. Mar., 319; Mahan v. Jane, 2 Bibb, 33.) 1. If a forfeiture is incurred from underletting, and the landlord accepts rent falling due after such sub-letting, with a knowledge of such fact, it is a waiver of the forfeiture.
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Case 38 — FORCIBLE DETAINER APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION Appellant was entitled to a new trial upon the ground of surprise. (McFarland v. Clark, 9 Dana, 136; McCall v. Hitchcock, 9 Bush, 71; McKinney v. Commonwealth, 1 J. J. Mar., 319; Mahan v. Jane, 2 Bibb, 33.) 1. If a forfeiture is incurred from underletting, and the landlord accepts rent falling due after such sub-letting, with a knowledge of such fact, it is a waiver of the forfeiture. (Taylor’s Landlord and Tenant, sec. 479; Whitehcot v. Fox, Cro. Jac.,'398; 12 Am. & Eng. Enc. of Law, 758; Ireland v.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
Tbe appellee, Jacob Bickel, leased of the Louisville, Cincinnati & Lexington Railway Company for a period of twenty years a parcel of ground in Louisville. The appellant, Louisville & Nashville Railroad Company, acquired the property so leased, and succeeded to the rights in the lease, which were held by the Louisville, Cincinnati & Lexington Railway Company.
Without the consent, in writing, of the appellant, Bickel sub-let, for a period of several years, a part of the leased ground to the appellee, Lawrence Pezold. By the terms of the lease it…
2Cases cited2 opinions
- McCall v. HitchcockCourt of Appeals of Kentucky · 1872
- McFarland's Administrators v. ClarkCourt of Appeals of Kentucky · 1839
3Cited by5 opinions
- Noe v. DavisCourt of Appeals of Kentucky · 1916
- State v. PriceWest Virginia Supreme Court · 1926
- Crawford v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1929
- Kidd v. B. Perini & Sons, Inc.Court of Appeals of Kentucky · 1950
- Callahan Construction Co. v. ThomasCourt of Appeals of Kentucky · 1914