Little Rock Granite Co. v. Shall
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. Courts of equity have always abhorred forfeitures and refused to enforce them, and, latterly, courts of law have done likewise. When a tenant has forfeited his lease by breach of the covenant to pay rent, courts of law and equity consider the clause of re-entry as a mere security, and will interfere in the tenant’s behalf, although all the formality of a common law demand may have been complied with.
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Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. Courts of equity have always abhorred forfeitures and refused to enforce them, and, latterly, courts of law have done likewise. When a tenant has forfeited his lease by breach of the covenant to pay rent, courts of law and equity consider the clause of re-entry as a mere security, and will interfere in the tenant’s behalf, although all the formality of a common law demand may have been complied with. Taylor on Land. & Ten, sec. 495; 1 Bush, 173 ; 11 Mete. (Ky.) 112. No demand was made here, and there can be no forfeiture. Wood,…
1Opinion of the CourtWood, J.
This was an action at law, brought in the Pulaski circuit court, to recover the possession of a tract of land, embracing a rock quarry, belonging to the plaintiff, Elizabeth S. Shall, and leased to the assignor of the defendant, the Eittle Rock Granite Company, in 1887, for a period of ten years. The lease contains certain covenants whereby the lessee bound himself to pay seven cents per cubic yard for all rock sold or taken from the quarry, to be paid as the work progresses, “or at least as often as once per month for all rock delivered to that date;” and also to furnish copies “of all…
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