Miller v. Sparks
Supreme Court of Colorado
Appeal from, District Court of Cilpin County. Forcible entry and detainer. Sparks, the appellee, filed-Ms complaint before a justice of the peace of Gilpin county, substantially as follows: That “on the 27th day of August, 1875, at said county, Alexander C. Newton and Loring P. Miller were the owners of, and in the possession of, the following described lode, mine and mining claim to wit: the east eight hundred feet of the Grand Army lode, situate in Eureka mining district,…
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Appeal from, District Court of Cilpin County. Forcible entry and detainer. Sparks, the appellee, filed-Ms complaint before a justice of the peace of Gilpin county, substantially as follows: That “on the 27th day of August, 1875, at said county, Alexander C. Newton and Loring P. Miller were the owners of, and in the possession of, the following described lode, mine and mining claim to wit: the east eight hundred feet of the Grand Army lode, situate in Eureka mining district, in said county, being the east eight hundred feet of that certain claim on the Grand Army lode, sixteen hundred feet in…
1Opinion of the CourtElbert, J.
A lessor before he exercises the right of reentry reserved for breach of covenant to pay rent, must make an actual demand of the amount of rent due, in strict compliance with the requirements of the common law.
Whenever a forfeiture for the non-payment of rent is to be established, it is necessary to prove such a demand. Taylor’s Landlord and Tenant, §§ 297, 298; Chadwick v. Parker, 44 Ill. 326; Smith v. Whitbeck, et al., 13 Ohio St. 471; Jackson v. Harrison, 17 Johns. 66.
The defendant Miller could not avail himself of the right to re-enter the leased premises under the terms of the lease,…
2Cases cited5 opinions
- Chadwick v. ParkerIllinois Supreme Court · 1867
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
- Berry v. LoweMichigan Supreme Court · 1862
- Smith v. WhitbeckOhio Supreme Court · 1862
- King v. LaceySupreme Court of Connecticut · 1831
3Cited by8 opinions
- Hicks v. BeachamSupreme Court of Georgia · 1908
- Francam Building Corp. v. FailSupreme Court of Colorado · 1982
- Deeb v. CanniffColorado Court of Appeals · 1971
- Farncomb v. SternSupreme Court of Colorado · 1893
- Audubon Commercial Area Co. v. Skelly Oil Co.District Court, D. Colorado · 1967
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