Gocio v. Day
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. Jno. A. Williams, Judge. This was an action by a landlord against his tenant to enforce his lien for rent. The only defence was an account for improvements made upon the premises and pleaded as a set-off against the demand of the plaintiff.
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APPEAL from Arkansas Circuit Court. Jno. A. Williams, Judge. This was an action by a landlord against his tenant to enforce his lien for rent. The only defence was an account for improvements made upon the premises and pleaded as a set-off against the demand of the plaintiff. The evidence was conflicting as to whether there was any agreement to pay for improvements, or to deduct their value from the rent, and the court among other instructions given to the jury, charged them, in substance, that if it was shown that the plaintiff knew that improvements were being made and did not forbid the…
1Opinion of the CourtCockrill, C. J.
The law imposes no obligation upon a landlord to pay his tenant for improvements made by him upon the demised premises. The tenant is presumed to repair and improve for his own benefit; and his only right to the fruits of his labor expended for that purpose, is to enjoy the enhanced value of the premises during the term, and within certain limitations to remove the improvements before its expiration. It is only by virtue of an agreement by the landlord to pay for improvements that the tenant can recover their value of him. Kuttar v. Smith, 2 Wall., 491. But a special promise may be implied…
2Cases cited2 opinions
- Kutter v. SmithSupreme Court of the United States · 1865
- Dunn v. . BagbySupreme Court of North Carolina · 1883
3Cited by9 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Capitol Monument Co. v. State Capitol Grounds CommissionSupreme Court of Arkansas · 1952
- Haizlip v. RosenbergSupreme Court of Arkansas · 1897
- De Wolfe v. KupersOregon Supreme Court · 1923
- Lewis v. Real Estate Corp.Appellate Court of Illinois · 1955
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