Kutter v. Smith
Supreme Court of the United States
Link demised, on the 1st of May, 1857, to Sherman, a lot in Chicago, for twelve years from that date. The lessee covenanted to pay all the taxes and assessments levied on the premises during the term.
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Link demised, on the 1st of May, 1857, to Sherman, a lot in Chicago, for twelve years from that date. The lessee covenanted to pay all the taxes and assessments levied on the premises during the term. It was provided that, in case of a failure by the lessee to pay the rent when due, the lessor, his heirs or assigns, should have the right to enter into the demised premises, with or without process of law, and expel the lessee or any persons occupying them, “ and the said premises again to, repossess and enjoy, as in his first and former estateand the lessee covenanted that, if the term should…
1Opinion of the CourtJustice Miller
If we correctly understand plaintiff’s counsel, one of the positions assumed by him in argument is, that the fact that under these circumstances defendant comes into the use and possession of the building, erected by the labor and money of plaintiff’s assignor, entitles plaintiff' to recover' the value of that building, without aid from the contract on that subject in the lease, which we will consider hereafter. The authorities cited to support this position relate to the class of cases in which tenants have been permitted to remove fixtures from the premises which they have placed there…
2Cited by43 opinions
- United States v. StowellSupreme Court of the United States · 1890
- Willing v. Chicago Auditorium Assn.Supreme Court of the United States · 1928
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- Brown v. . WardSupreme Court of North Carolina · 1942
- Morey v. HoytSupreme Court of Connecticut · 1893
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