Campbell v. McElevey
Ohio Superior Court, Cincinnati
Special Term. — On demurrers to answers. The petition avers that the plaintiff and Samuel J. Broad-well were seized in fee of a lot at the north-west corner of Fourth and Vine streets, thirty feet in front on the former by ninety-nine on the latter; that they entered into a contract with the defendant, MoElevey, on the 26th of April, 1856, whereby they agreed to lease him this property for ninety-nine years, renewable for ever, commencing May 1, 1856, at an annual rent of…
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Special Term. — On demurrers to answers. The petition avers that the plaintiff and Samuel J. Broad-well were seized in fee of a lot at the north-west corner of Fourth and Vine streets, thirty feet in front on the former by ninety-nine on the latter; that they entered into a contract with the defendant, MoElevey, on the 26th of April, 1856, whereby they agreed to lease him this property for ninety-nine years, renewable for ever, commencing May 1, 1856, at an annual rent of $3,600, payable quarterly, one-half to the plaintiff, the other to Broadwell, the lessee to pay all taxes and assessments;…
1Opinion of the CourtHoadly, J.
Proceeding to examine the questions presented by the demurrers in their natural order, the first arises upon the amended answer, and relates to the right of the plaintiff to the relief she seeks.
Although the plaintiff counts not upon a lease, but a-contract for a lease, I suppose the rules that govern the rights of the parties are no other than if the lease had been actually executed.
And the proposition for which the defendants contend is, that the recovery of judgment for rent in arrear waives any forfeiture created by the non-payment of the same.
The rule of law governing this subject may be…
2Cases cited7 opinions
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stuyvesant v. DavisNew York Court of Chancery · 1842
- Bleecker v. SmithNew York Supreme Court · 1835
- Newman v. RutterSupreme Court of Pennsylvania · 1839
- Camp v. PulverNew York Supreme Court · 1848
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