Crawford v. Chapman
Ohio Supreme Court
This is a Writ or Error to the Court of Common Pleas of Hamilton County. The record shows the following facts : On the 4th of February, 1837, Edward, Inskip made a lease of certain premises to Chapman, for ‘ten years from the 7th April, 1837, át a yearly rent of four hundred 'dollars, payable in quarterly instalments. By the lease, Chapman covenanted that he would “ well and truly pay the rent aforesaid,” at the several periods mentioned.
Read the full summary
This is a Writ or Error to the Court of Common Pleas of Hamilton County. The record shows the following facts : On the 4th of February, 1837, Edward, Inskip made a lease of certain premises to Chapman, for ‘ten years from the 7th April, 1837, át a yearly rent of four hundred 'dollars, payable in quarterly instalments. By the lease, Chapman covenanted that he would “ well and truly pay the rent aforesaid,” at the several periods mentioned. On the 28th of November, 1838, Inskip conveyed the premises (without mentioning the lease) to Luther Rose, by deed duly executed, with a covenant against…
1Opinion of the CourtBirchard, C. J.
The first question in order which is presented upon this record goes to the sufficiency of the declaration and is this, can a grantee of the reversion maintain an action of covenant in his own name against a lessee, upon an express covenant contained in the lease for the payment of rent ? If this question is answered in the negative the necessity of any further inquiry will be superseded. That one point, if against the plaintiffs, is decisive of the merits of the case.
*452At common law choses in action were not assignable, and none kut Pities or privies to express covenants were bound by or could…
2Cases cited1 opinion
- Scott v. Ezra Lunt's AdministratorSupreme Court of the United States · 1833
3Cited by27 opinions
- Ace Steel Baling, Inc. v. PorterfieldOhio Supreme Court · 1969
- Derinza's CaseMassachusetts Supreme Judicial Court · 1918
- Jacob Laub Baking Co. v. MiddletonOhio Supreme Court · 1928
- SFZ Transportation, Inc. v. LimbachOhio Supreme Court · 1993
- People v. PriestleyCalifornia Court of Appeal · 1911
22 more not listed; retrieve them via the Exa API.