Creveling v. De Hart
Supreme Court of New Jersey
On demurrer to pleas. The action is covenant for non-payment of rent. The fifth plea, which is the one demurred to, stated that the defendants “entered into negotiations ” with a third party, the West End Iron Company, and notified the plaintiff, who encouraged the defendants to sell and assign their lease to the third parties aforesaid, and thereupon they duly assigned and conveyed the same to the West .End Iron Company, who entered upon the demised premises and was duly…
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On demurrer to pleas. The action is covenant for non-payment of rent. The fifth plea, which is the one demurred to, stated that the defendants “entered into negotiations ” with a third party, the West End Iron Company, and notified the plaintiff, who encouraged the defendants to sell and assign their lease to the third parties aforesaid, and thereupon they duly assigned and conveyed the same to the West .End Iron Company, who entered upon the demised premises and was duly accepted by the plaintiff as his tenant, who collected rent from said assignee and recovered a judgment for rent which…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
If the plea which has been demurred to states a surrender in law, it is good, upon the authority of Hunt v. Gardner, 10 Vroom 530. That case is also authority for the statement, that a plea setting up that the lessee had -assigned his lease and that the lessor had .received rent from •the assignee and had accepted him as tenant, does not show a bar to an action of covenant for rent on the lease against the -original tenant.
The infirmity in the plea in that case was, that it contained aro averment that the assignee was substituted in the…
2Cited by5 opinions
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- NJ Ind. Properties v. YC & VL, INC.Supreme Court of New Jersey · 1985
- Payne v. HallSupreme Court of New Jersey · 1912