Legal Opinion

Powell v. Pierce

Supreme Court of Virginia

Decided February 2, 1905PublishedCited by 3 opinions

Error to a judgment of the Hustings Court of the city of Portsmouth, in an action of unlawful detainer, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This case involves the construction of a written lease. The point in dispute is the liability of the lessor for the value of a building placed on the leased premises by the lessee.

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Error to a judgment of the Hustings Court of the city of Portsmouth, in an action of unlawful detainer, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This case involves the construction of a written lease. The point in dispute is the liability of the lessor for the value of a building placed on the leased premises by the lessee. The contract, after setting out the terms of the lease for a period of ten years, contains the following clause relating to a renewal and compensation for the buildings: “It is furthermore agreed upon and covenanted by…

1Opinion of the CourtWhittle, J.

The writ of error in this case is to a judgment of the Court of Hustings for the city of Portsmouth, rendered in behalf of the defendant in error, plaintiff in the trial court, in an action of unlawful detainer, to recover possession of a lot, with the buildings and improvements thereon, situated in the city of Portsmouth.

It appears that by a lease bearing date October 4, 1867, the lot in question was demised to the defendant for the term of ten years, from January 1, 1868, at a yearly rent of $185, the lessee also covenanting to pay all taxes accruing upon the property during the continuance…

2Cases cited1 opinion

  1. Peirce v. GriceSupreme Court of Virginia · 1896

3Cited by3 opinions

  1. Crowder v. Virginian Bank of Commerce, Inc.Supreme Court of Virginia · 1920
  2. Blanford v. Trust Co. of NorfolkSupreme Court of Virginia · 1925
  3. Gale v. Trust Co. of NorfolkSupreme Court of Virginia · 1925

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