Legal Opinion

Pollock v. Whipple

Nebraska Supreme Court

Decided January 12, 1892PublishedCited by 4 opinions

Error to the district court for Cedar county. Tried below before Norris, J. The lease contains no forfeiture clause; hence mere failure to pay rent did not work a forfeiture nor entitle the landlord to recover possession. (2 Taylor, Landlord & Tenant, 70; Brown v. Bragg, 22 Ind., 122; Gaskell v. Trainer, 3 Cal., 334.) His only remedy was an action for the rent and to protect his reversionary interests. (1 Taylor, L. & T., 189; 12 Am. & Eng. Ency.

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Error to the district court for Cedar county. Tried below before Norris, J. The lease contains no forfeiture clause; hence mere failure to pay rent did not work a forfeiture nor entitle the landlord to recover possession. (2 Taylor, Landlord & Tenant, 70; Brown v. Bragg, 22 Ind., 122; Gaskell v. Trainer, 3 Cal., 334.) His only remedy was an action for the rent and to protect his reversionary interests. (1 Taylor, L. & T., 189; 12 Am. & Eng. Ency. Law, 684.) Especially since there was no demand nor sufficient notice, he cannot claim a forfeiture. {Woodward v. Cone, 73 111., 241;' Brown v.…

1Opinion of the CourtNorval, J.

This is an action of forcible entry and detainer brought by the defendant in error before a justice of the peace of Cedar county. A trial was had, which resulted in a judgment of restitution for the plaintiff. The defendant appealed to the district court, where the cause was tried to a jury, with verdict and judgment for the plaintiff.

On the 9th day of December, 1885, David W. Whipple, a resident of Michigan, by written contract leased the farm in controversy to Sylvester K. Smith and wife, the son-in-law and daughter respectively of Whipple, for a period of four years, ending March 1, 1890.…

2Cases cited1 opinion

  1. Hendrickson v. Beeson & SullivanNebraska Supreme Court · 1887

3Cited by4 opinions

  1. Vasquez v. Chi Props., LLCNebraska Supreme Court · 2019
  2. Vasquez v. CHI PropertiesNebraska Supreme Court · 2019
  3. Vasquez v. CHI PropertiesNebraska Supreme Court · 2019
  4. Wolfer v. HurstOregon Supreme Court · 1905

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