Den on Demise of Tate v. Crowson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Guilford County, at the Fall Term, 1845, his Honor Judge Dick presiding. This is an ejectment for a House and Lot in Greens-borough, on the forfeiture of a lease. The demise is laid on the 11th of December, 1843, and the declaration was served the day next succeeding.
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Appeal from the Superior Court of Law of Guilford County, at the Fall Term, 1845, his Honor Judge Dick presiding. This is an ejectment for a House and Lot in Greens-borough, on the forfeiture of a lease. The demise is laid on the 11th of December, 1843, and the declaration was served the day next succeeding. On the ISth of November, 1841, the lessor of the plain, tiff executed a lease of the premises to the defendant and one Bushe for four years, to commence on the 1st of December following,subject to the following conditions, that is to say: the said Bushe and Crowson are to pay to the said…
1Opinion of the CourtRuffik, C. J.
The instructions given to the jury are erroneous. The error probably arose from not adverting to the difference between a right to a forfeiture of the term, by the breach of a covenant or condition contained in a lease, and a right to the rent, or to damages or .other things secured bj^ the lease. No doubt the rent remains, though not demanded at the day, and may be recovered by distress or an action ; and, to save himself from the costs of those proceedings, the lessee must be aetive in paying or tendering the sum due to the lessor. But the law leans against forfeitures, and is very strict…
2Cases cited1 opinion
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
3Cited by2 opinions
- Camp Mfg. Co. v. ParkerCourt of Appeals for the Fourth Circuit · 1899
- Cornwell v. ColburnHawaii Supreme Court · 1904