Snow v. Horgan
Supreme Court of Rhode Island
Covenant. On. demurrers to pleas. The plaintiff conveyed by way of lease certain realty to one Attleton, and the defendant agreed under seal with the plaintiff that Attleton’s covenant “contained in said lease relative to the payment of rent for the first twelve months of said term of three years, should be punctually performed without requiring from said plaintiff any notice of the non payment of any monthly instalment, or payment or proof of any demand therefor ; provided,…
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Covenant. On. demurrers to pleas. The plaintiff conveyed by way of lease certain realty to one Attleton, and the defendant agreed under seal with the plaintiff that Attleton’s covenant “contained in said lease relative to the payment of rent for the first twelve months of said term of three years, should be punctually performed without requiring from said plaintiff any notice of the non payment of any monthly instalment, or payment or proof of any demand therefor ; provided, however, that the total amount of money which the said Horgan should be liable to pay under and by reason of said…
1Opinion of the Court
Matteson, O. J.
The second plea, being merely a plea of general performance, is bad. It should specifically and directly answer the breach of the covenant set out in the declaration. Almy v. Greene, 13 R. I. 350, 353; Commercial National Bank v. Gorham, 11 R. I. 162, 165; 1 Chitty on Pleading, *515.
The fourth and fifth pleas are objectionable, in-that they set forth provisions, not recited in the declaration, alleged to be in the lease of which profert is made, but without craving oyer of it and setting out the portions of it which are essential to the purpose of the plea, as the rules of pleading…
2Cited by3 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- National Bank of Poteau v. LowreySupreme Court of Oklahoma · 1916
- Arnold v. ColeWest Virginia Supreme Court · 1896