Felder v. Richardson
Supreme Court of New Hampshire
Covenant, for rent. Verdict for the plaintiffs. December 21 1881, the plaintiffs demised their brickyard to the defendants for the term of ten years at a specified annual rent. The defendants covenanted to pay the rent, and that they would not without the plaintiffs’ consent underlet the premises, “ nor remove therefrom any buildings they might erect, nor any tools or machinery for brick-making purposes, during the term, until all rents should be paid.”
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Covenant, for rent. Verdict for the plaintiffs. December 21 1881, the plaintiffs demised their brickyard to the defendants for the term of ten years at a specified annual rent. The defendants covenanted to pay the rent, and that they would not without the plaintiffs’ consent underlet the premises, “ nor remove therefrom any buildings they might erect, nor any tools or machinery for brick-making purposes, during the term, until all rents should be paid.” February 18, 1883, the defendant Warren sold to the defendant Richardson all his interest in the business and in the brickyard, and…
1Opinion of the CourtCarpenter, J.
The principal question is, whether Warren’s estate in the demised premises was surrendered to the plaintiffs by operation of law. P. S., e. 137, s. 12. Precisely what is meant by a surrender by operation of law, and in what state of facts the law operates to effect a surrender, may not be fully settled, and for the disposition of the present question need not be determined. A surrender by agreement, whether express or implied, is the act not of the law but of the parties. To constitute a surrender by operation of law, overt acts of both parties inconsistent with the continuance of the term…
2Cases cited10 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Coe v. . HobbyNew York Court of Appeals · 1878
- Smith v. . KerrNew York Court of Appeals · 1888
- Beall v. WhiteSupreme Court of the United States · 1877
- Schieffelin v. CarpenterNew York Supreme Court · 1836
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3Cited by5 opinions
- Ralph v. DeileySupreme Court of Pennsylvania · 1928
- Casper Nationak Bank v. CurryWyoming Supreme Court · 1937
- Clark v. WrightSupreme Court of Pennsylvania · 1933
- Prevas v. GottliebCourt of Appeals of Maryland · 1962
- Staskin v. Powell, Pennsylvania Court of Common Pleas, Delaware County1965