Miles v. . Walker
Supreme Court of North Carolina
Civil actioN to recover damages for failure on part of defendant to carry out the provisions of a written lease, tried before McElroy, J., and a jury, at November Term, 1919, of BocKINGham.
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Civil actioN to recover damages for failure on part of defendant to carry out the provisions of a written lease, tried before McElroy, J., and a jury, at November Term, 1919, of BocKINGham. On tbe trial it was properly’ ma'de to appear tbat plaintiff bad a written lease of a store building, signed by defendant owner, a married woman, in terms as follows: “This agreement, made and entered into tbis tbe 1st day of January, 1917, by and between Mrs. Ola S. Walker, party of tbe first part, and Felix S. Miles, party of tbe second part. “Witnesseth, Tbat in consideration of tbe improvements…
1Opinion of the CourtHoke, J.
In States like ours, basing their system of jurisprudence on the principles of the common law, it is the accepted position tbat where a store building or other is held under a lease, conveying also the present right to the soil, and the same is destroyed by accidental fire, or so injured as to be unfitted for its principal purpose, the lessee is not relieved of the obligation to pay the stipulated rent during the term unless the contract so provides, or the landlord is under a covenant to repair. Gates v. Green, 4 Paige Chan., p. 355; McMullan v. Solomon, 42 Ala., 356; Viterbo v. Friedlander,…
2Cases cited12 opinions
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Smith v. . KerrNew York Court of Appeals · 1888
- McMillan v. SolomonSupreme Court of Alabama · 1868
- Warren v. . DailSupreme Court of North Carolina · 1915
- Bank v. Moore.Supreme Court of North Carolina · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. North Carolina Shipbuilding Co.Supreme Court of North Carolina · 1920
- Rivenbark v. Shell Union Oil Corp.Supreme Court of North Carolina · 1940
- Basketeria Stores, Inc. v. . SheltonSupreme Court of North Carolina · 1930
- State v. . CaseySupreme Court of North Carolina · 1933
- Buchan v. . KingSupreme Court of North Carolina · 1921
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