Allen v. Saunders
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Savage, J. The case is stated in the opinion. The petition in the court below shows that the tenant “ abandoned said premises and refused to pay any more rent for the same, or to recognize any liability thereafter to pay rent to plaintiff under said contract of leasing.” Afterwards the landlord sued and recovered the second month’s rent. This action is to recover the rent for the remaining part of the year.
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Error from the district court of Douglas county. Tried below before Savage, J. The case is stated in the opinion. The petition in the court below shows that the tenant “ abandoned said premises and refused to pay any more rent for the same, or to recognize any liability thereafter to pay rent to plaintiff under said contract of leasing.” Afterwards the landlord sued and recovered the second month’s rent. This action is to recover the rent for the remaining part of the year. Here was an entire breach of the contract. The relation of landlord and tenant was put to an end, and hence but one…
1Opinion of the CourtGantt, J.
This action was brought by defendant in error against plaintiff in error, as the surviving partner of the firm of Gray & Allen, upon a parol lease for one year — to recover a balance of rent, agreed to be paid monthly, for a certain property in the city of Omaha. It appears that Gray & Allen had previously occupied the premises under an unexpired lease to other parties. It is substantially alleged in the petition that the lease to. Gray & Allen was made by parol, under which they occupied the premises for some time, and that they then abandoned the same and refused to pay the rent agreed to…
2Cases cited4 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Phillips v. BericicNew York Supreme Court · 1819
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
- Caw v. PeopleNebraska Supreme Court · 1874
3Cited by6 opinions
- Merrill v. WillisNebraska Supreme Court · 1897
- Brown v. CairnsSupreme Court of Iowa · 1898
- Whitney v. LowSupreme Court of Oklahoma · 1929
- Bishop v. StevensNebraska Supreme Court · 1891
- Hayward Bros. v. RamgeNebraska Supreme Court · 1892
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