Kimpton v. Walker
Supreme Court of Vermont
• This was an action of covenant broken, in which the plaintiff declared upon a lease executed by him to defendant, on the 8th day of January 1814, of certain premises in Manchester, at an annual rent of twenty-five dollars, to be paid by defendant to one James Borland. The breach alleged was the non-payment of the several- rents,_from the execution of the lease to the date of plaintiff’s writ.
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• This was an action of covenant broken, in which the plaintiff declared upon a lease executed by him to defendant, on the 8th day of January 1814, of certain premises in Manchester, at an annual rent of twenty-five dollars, to be paid by defendant to one James Borland. The breach alleged was the non-payment of the several- rents,_from the execution of the lease to the date of plaintiff’s writ. The lease contained no covenant, in terms, on the part of the lessee, for the payment of rent, the demise being upon the condition of his “ yielding and paying” the rent specified. The defendant…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
This case coming before us upon a demurrer to' the defendant’s third plea in bar alone, we have no concern with the other issues determined in the court below.
• The sufficiency of the third plea depends . upon the nature and effect of the covenant declared on. It is to be remembered, that there is, in the lease in question, no undertaking in terms, on the part ol' the lessee, to pay the rents. The demise is made to him upon the usual terms, he “ yielding and '-paying” certain rents therein specified. These words, “ yielding and paying,” &>c.…
2Cited by3 opinions
- Samuels v. OttingerCalifornia Supreme Court · 1915
- Dieter v. ScottSupreme Court of Vermont · 1939
- Barhydt v. BurgessSupreme Court of Iowa · 1877