Underwood v. Birchard
Supreme Court of Vermont
Covenant. The case was referred, and the referee reported that the defendants, as trustees under the second mortgage of the Rutland & Burlington R. R. Co., who were rightfully in the possession and management of said railroad and its property, on the 29th of March, 1866, leased a store in Burlington, the property of said railroad, to the plaintiff, for the term of four years from the first day of May then next, reserving an annual rent; that in said lease the defendants…
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Covenant. The case was referred, and the referee reported that the defendants, as trustees under the second mortgage of the Rutland & Burlington R. R. Co., who were rightfully in the possession and management of said railroad and its property, on the 29th of March, 1866, leased a store in Burlington, the property of said railroad, to the plaintiff, for the term of four years from the first day of May then next, reserving an annual rent; that in said lease the defendants covenanted with the plaintiff, “ that he and his assigns shall and may occupy said premises, without let or hindrance, for…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The covenant declared upon and claimed to have been broken, is substantially a covenant for quiet enjoyment. Such a covenant relates to the lessor’s title and right to grant the pi’emises leased, and the possession of them during the term of the lease, and not to the possession and enjoyment of them in fact by the lessee as against those who have no right to disturb him. It is a covenant that he shall not be rightfully disturbed in his possession and enjoyment during the term, and not that he shall not be disturbed at all during the term. 1…
2Cases cited2 opinions
- Knapp v. Town of MarlboroSupreme Court of Vermont · 1857
- Knapp v. Town of MarlboroSupreme Court of Vermont · 1859
3Cited by9 opinions
- Herpolsheimer v. ChristopherNebraska Supreme Court · 1906
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- King v. ReynoldsSupreme Court of Alabama · 1880
- Hannan v. DuschSupreme Court of Virginia · 1930
- Obermeier v. MattisonOregon Supreme Court · 1920
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