Hagar v. Buck
Supreme Court of Vermont
Bill in CHANCERY. The bill set forth that the defendant, Buck, on the 13th day of March, 1866, duly executed and delivered a lease of certain premises, situate in St. Albans, to one Joseph Meringo.
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Bill in CHANCERY. The bill set forth that the defendant, Buck, on the 13th day of March, 1866, duly executed and delivered a lease of certain premises, situate in St. Albans, to one Joseph Meringo. The same was properly acknowledged and recorded, and the habendum and covenant are as follows: “ To hold for the term of (99) ninety-nine years from the thirteenth day of April, A. D. 1866, to be occupied by the said party of the second part, for the purpose of dwelling-house lots only. And the said party of the first part doth covenant to and with the said party of the second part, that he shall…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The clause in this lease concerning the reduction of rent and conveyance of the premises, is in effect a covenant by the lessor, that upon the payment of any part of five hundred dollars, in even sums of fifty dollars, the rent should cease in proportion; and that upon the payment of the whole of that sum, the rent should cease altogether and he would convey the *289premises by deed of warranty. Although this covenant did not bind the lessor to the doing of anything upon the land itself, it did bind him to that which would affect the estate…
2Cases cited2 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Von Horne v. CrainNew York Court of Chancery · 1829
3Cited by18 opinions
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Thompson v. CoeSupreme Court of Connecticut · 1921
- Eastern Oil Co. v. CoulehanWest Virginia Supreme Court · 1909
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Lundin v. SchoeffelMassachusetts Supreme Judicial Court · 1897
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