Chambers v. North River Line, Inc.
Supreme Court of North Carolina
Appeal by defendants from Lyon, J., at September Term, 1919, of CAMDEN. Tbis is an action to recover damages for failure to rebuild á wbarf known as “Sbilob” wbarf, and for rent under tbe lease thereof. Tbe case was submitted upon facts agreed.
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Appeal by defendants from Lyon, J., at September Term, 1919, of CAMDEN. Tbis is an action to recover damages for failure to rebuild á wbarf known as “Sbilob” wbarf, and for rent under tbe lease thereof. Tbe case was submitted upon facts agreed. It appeared therefrom that tbe defendant lessee covenanted “to maintain tbe said wbarf in its present condition during tbe continuance of tbis lease”; that tbe defendant company went into possession of tbe premises and paid tbe rents provided therein np to 31 December, 1917; that on 15 January, 1918, 270 yards of said wharf were totally destroyed,…
1Opinion of the CourtClark, C. J.
The court properly held that by reason of the failure of the defendant to rebuild the 270 yard's of wharf and repair the damages to the freight house there was a breach in its covenant “to maintain the said wharf in its present condition during the continuance of this lease.” And that the defendant was liable for rent to the trial, notwithstanding the destruction of the wharf, and for the damages, $1,000, which it was agreed by the parties would be the cost of replacing the destroyed wharf and repairing the freight house.
The defendants contended that said covenant did not obligate the…
2Cases cited3 opinions
- Smithfield Improvement Co. v. Coley-BardinSupreme Court of North Carolina · 1911
- Louisville & N. R. v. United States Iron Co.Tennessee Supreme Court · 1906
- Pasteur v. . JonesSupreme Court of North Carolina · 1801
3Cited by4 opinions
- Rickman Manufacturing Company v. GableSupreme Court of North Carolina · 1957
- Tennessee Electric Power Co. v. White CountyCourt of Appeals for the Sixth Circuit · 1931
- Atlantic Discount Corp. v. Mangel's of North Carolina, Inc.Court of Appeals of North Carolina · 1968
- Pasteur v. . JonesSupreme Court of North Carolina · 1801