Kiernan v. Germain
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. Samuel H. Terral, Judge. It appears that in December, 1881, the appellant, who was then occupying the premises at a rent of ten dollars per month, agreed to rent the same from the appellee from the 1st of January, 1882, to the 1st of September of that year at an increased rent — to wit, thirteen dollars per month — upon condition that the appellee would at once repair the premises, which were very much out of repair.
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Appeal from the Circuit Court of Lauderdale County. Hon. Samuel H. Terral, Judge. It appears that in December, 1881, the appellant, who was then occupying the premises at a rent of ten dollars per month, agreed to rent the same from the appellee from the 1st of January, 1882, to the 1st of September of that year at an increased rent — to wit, thirteen dollars per month — upon condition that the appellee would at once repair the premises, which were very much out of repair. No repairs were made, but the appellant continued to occupy the premises until the month of March, 1882, when he…
1Opinion of the CourtCampbell, C. J.
An accurate statement of the law applicable to the case made by this record is contained in Wood’s Landlord and Tenant 816, in these words: “If a landlord covenants to put premises in repair, and the lease is to commence in the future, the performance of the covenant by the landlord is treated as a condition precedent to the payment of rent; and if the premises are not repaired at the time when the term begins the tenant need not enter under the lease, but is discharged therefrom. But if under such circumstances the tenant goes into possession he is treated as waiving the condition precedent…
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