Keroes v. Coleman
District of Columbia Court of Appeals
Hearing on an appeal by the plaintiff from a judgment of 'the Supreme Court of the District of Columbia on demurrer to a declaration filed to recover a certain amount claimed to be due plaintiff under a covenant in a lease. The Court in the opinion stated the facts as follows: This is an appeal from a judgment on demurrer to the declaration of Jacob Keroes, the appellant in the court below.
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Hearing on an appeal by the plaintiff from a judgment of 'the Supreme Court of the District of Columbia on demurrer to a declaration filed to recover a certain amount claimed to be due plaintiff under a covenant in a lease. The Court in the opinion stated the facts as follows: This is an appeal from a judgment on demurrer to the declaration of Jacob Keroes, the appellant in the court below. It appears that in April, 1908, Christina Cecelia Coleman, appellee, leased certain premises to plaintiff for a term of five years. The lease provided that the lessee should have the option of purchasing…
1Opinion of the CourtJustice Van Orsdbl
The covenant in the lease, though inartificially expressed, is not difficult to interpret. It reserved to defendant the right, in *438the event the property should be .sold to a purchaser other thau the plaintiff, to obtain possession thereof before the termination of the lease, upon giving plaintiff six months’ notice to quit and the payment of $2,000. But the tenancy of plaintiff was not interrupted. Defendant did not elect to exercise the right reserved to her in the lease. Hence, plaintiff was not damaged, and is not in position to enforce his claim for the amount of damages agreed upon in…
2Cases cited4 opinions
- McDaniel v. CallanSupreme Court of Alabama · 1883
- Lunke v. EgelandMontana Supreme Court · 1912
- Johnston v. KingWisconsin Supreme Court · 1892
- Foley v. ConstantinoAppellate Terms of the Supreme Court of New York · 1904