McKildoe's ex'or v. Darracott
Supreme Court of Virginia
This was an action of unlawful detainer instituted in the Hustings court of the city of Eichmond by Peyton Johnston executor of James McKildoe deceased, against John Darracott, to recover possession of the Powhatan house in the city of Eichmond.
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This was an action of unlawful detainer instituted in the Hustings court of the city of Eichmond by Peyton Johnston executor of James McKildoe deceased, against John Darracott, to recover possession of the Powhatan house in the city of Eichmond. Upon the trial of the cause it appeared that the plaintiff as executor of McKildoe and guardian of his children, leased by deed to Eichard F. Darracott the Powhatan house in the city of Eichmond, for five years from the 1st of October 1852, reserving a rent of three thousand dollars per annum, payable quarterly; and Darracott covenanted that he would…
1Opinion of the CourtMoncure, J.
It was properly conceded, in the argument of this case, on the one hand, that R. F. Darracott had incurred a forfeiture of his lease from John*281ston by subletting the demised premises to John Darracott | and on the other, that the forfeiture might be waived by the lessor: And the only question to decided is, Whether it was so waived ?
The underletting in this case was without the consent of the lessor, either written or parol. And a forfeiture for assigning or subletting without license may be waived, whether the license be required by the terms of the lease to be in writing or hot. Goodright v.…
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