Taylor v. Hart
Mississippi Supreme Court
From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. In December, 1892, appellant leased to appellee her plantation in Yazoo county by the following instrument: “State ok Mississippi, | I have leased to John Hart, and Yazoo county. j his representatives, the land situate in said county, known as the Gum Spring Plantation, from the first day of January, 1893, to the first day of January, 1896, yielding therefor, during the said term, the rent of eleven hundred…
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From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. In December, 1892, appellant leased to appellee her plantation in Yazoo county by the following instrument: “State ok Mississippi, | I have leased to John Hart, and Yazoo county. j his representatives, the land situate in said county, known as the Gum Spring Plantation, from the first day of January, 1893, to the first day of January, 1896, yielding therefor, during the said term, the rent of eleven hundred and fifty dollars per year, payable on the fifteenth day of November in each year during said term. Said lessee is to…
1Opinion of the CourtWhitfield, J.
c £ The general doctrine of the common law unquestionably was that, upon a covenant in a lease of land and buildings for a term of years, to pay rent, the rent could be recovered after a destruction of the buildings leased, by accidental fire. The express contract and promise was not discharged by an act for which the lessee was not responsible. ’ ’ But if the interest of the lessee in a part of the demised premises was destroyed by the act of God or the public enemy, so as to be incapable of any beneficial enjoyment,” the rent was, even at common law, apportioned. Such is the accurate…
2Cases cited15 opinions
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Graves v. . BerdanNew York Court of Appeals · 1863
- Warren v. WagnerSupreme Court of Alabama · 1883
- Miller v. BentonSupreme Court of Connecticut · 1887
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3Cited by3 opinions
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