Haynes v. Union Investment Co.
Nebraska Supreme Court
Error to the district court for Hall, county. Tried below before Harrison, J. Demand for performance must be made before a forfeiture can be adjudged. (Merrifield v. Cobleigh, 4 Cush. [Mass.], 182; Bowman v. Foote, 1 Am. Law Reg., n. s. [Conn.], 360; McQuesten v. Morgan, 34 N. H., 400.) Payment of furniture, fixtures, and pictures by the landlord is, by terms of the lease, a condition precedent to recovery of possession of the premises.
Read the full summary
Error to the district court for Hall, county. Tried below before Harrison, J. Demand for performance must be made before a forfeiture can be adjudged. (Merrifield v. Cobleigh, 4 Cush. [Mass.], 182; Bowman v. Foote, 1 Am. Law Reg., n. s. [Conn.], 360; McQuesten v. Morgan, 34 N. H., 400.) Payment of furniture, fixtures, and pictures by the landlord is, by terms of the lease, a condition precedent to recovery of possession of the premises. (Hopkins v. Oilman, 22 Wis., 476, and 47 Id., 581; Fake v. Fetzer, 65 Id., 55.) The cases last named were also cited to the point that the cause is a proper…
1Opinion of the Court
Maxwell, Ch. J.
This is an action somewhat in the nature of a bill of peace. It is alleged, in substance, in the petition that William Haynes is the assignee of a lease made between *768C. W. Scarff and Eno & Moulton; that the Union Investment Company is the owner of the premises under a deed from C. W. Scarff, made after the execution and deli my of the lease; that John D. Moore is trustee for the purpose of collecting rents of .the property in question, which is hotel property, known as the Palmer House, in the city of Grand Island; that the lease, by its terms, provided that possession of the…
2Cases cited2 opinions
- Ecke v. FetzerWisconsin Supreme Court · 1886
- Hendrickson v. Beeson & SullivanNebraska Supreme Court · 1887
3Cited by6 opinions
- Farmer v. PittsNebraska Supreme Court · 1922
- Armstrong v. MayerNebraska Supreme Court · 1903
- Dakota Hot Springs Co. v. YoungSouth Dakota Supreme Court · 1897
- Miami Cooperative Mining Co. v. Cherokee Coal Co.West Virginia Supreme Court · 1924
- Soli v. Farmers' Mutual Ins.Supreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.