Erwin v. Farrington

Judgment reversed, on the law and facts, and a new trial granted, with costs to the appellant to abide the event. Memorandum: The tenant agreed “to pay all taxes to be assessed on all constructed objects located on said premises during said term.”. We think that the parties thus contemplated the payment of all legal taxes. A tenant by assuming in a lease the payment of taxes which shall be subsequently levied upon the demised premises does not thereby obligate himself to pay any taxes which may be illegal and void. (51 C. J. S., Landlord and Tenant, § 360, p. 1055; Scott v. Society of Russian…