Bouscaren v. Brown
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ferguson, J. Neither the assignment of a lease nor the acceptance by the lessor of rent from the assignee releases a lessee from a covenant to pay rent. (Bailey v. Wells, 8 Wis., 39; Fletcher v. MoFarlane, 12 Mass., 43; Fort v. Jackson, 17 Johns. [N. Y.], 238; Walton v. Cronly, 14 Wend. [N. Y.], 64; Kunclde v. Wynick, 1 Dal. [U. S.], 305a; Barhydt v. Burgess, 46 la , 476.)
1Opinion of the CourtNor val, C. J.
This action was brought by plaintiff in error to recover rent alleged to be due upon a written lease made by him to the defendants in error. The petition alleges, substantially, that on the 10th day of .March, 1889, plaintiff, by a lease in writing, demised and let to the defendants certain premises in the city of Omaha, known as the “Omaha Stables,” and situate on lot 5, block 149, of the said city, for the term of one year from said date, for which said lessees agreed to pay as rent the sum of $195 per month, payable upon the first day of each month during the' term; that defendants entered…
2Cases cited4 opinions
- Fletcher v. M'FarlaneMassachusetts Supreme Judicial Court · 1815
- Johnson v. DinsmoreNebraska Supreme Court · 1881
- Fanning v. StimsonSupreme Court of Iowa · 1862
- Barhydt v. BurgessSupreme Court of Iowa · 1877
3Cited by2 opinions
- Mayer v. DwigginsNebraska Supreme Court · 1925
- Culbertson Irrigating & Water-Power Co. v. CoxNebraska Supreme Court · 1897