Tedstrom v. Puddephatt
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Under the facts shown appellants had the right to forfeit the lease. Appellees covenanted in the contract to keep the house at all times “in a good habitable condition,” and further it was agreed that if it should be destined by fire, so that the same cannot be occupied without rebuilding, “either party should have the right to forfeit the lease.” The destruction need not be complete. 11 Pa. Super.
Read the full summary
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Under the facts shown appellants had the right to forfeit the lease. Appellees covenanted in the contract to keep the house at all times “in a good habitable condition,” and further it was agreed that if it should be destined by fire, so that the same cannot be occupied without rebuilding, “either party should have the right to forfeit the lease.” The destruction need not be complete. 11 Pa. Super. Ct. 564; 3 Words & Phrases 2031, 2032; 6 Pa. 379; 47 Am. Dec. 474; 70 Mass. (4 Gray) 256, 268; 64 Am. Dec. 64. The conditions in the…
1Opinion of the CourtFrauenthau, J.
This was an action instituted by the plaintiffs below, C. H. and William Puddephat, to recover the rent of a three-story brick store building, situated in the city of Pine Bluff, for the months from April to December, 1910. The action was founded upon a written lease, executed on October 23, 1908. By the terms of this lease the plaintiffs rented to the defendants said building for a term of three years ending on September 30, 1911, at a rental of $250 per month, payable at the end of each month. Said lease provided that the plaintiffs “agree to keep said premises in a good habitable…
2Cases cited8 opinions
- Young v. BermanSupreme Court of Arkansas · 1910
- Smith v. McLeanIllinois Supreme Court · 1887
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Harris Lumber Co. v. Wheeler Lumber Co.Supreme Court of Arkansas · 1908
- John A. Gauger & Co. v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Richards v. DodgeDistrict Court of Appeal of Florida · 1963
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- Benson v. Iowa Bake-Rite Co.Supreme Court of Iowa · 1928
- Barry v. HerringCourt of Appeals of Maryland · 1927
- Ingram v. FredCourt of Appeals of Texas · 1918
13 more not listed; retrieve them via the Exa API.