De Lancey v. Ganong , 1 Seld. Notes 169 ( 1853 )


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  • The denial, orally, by a tenant for life or years of his landlord’s title, and the assertion that he owns the lands in fee and owes no one rent for them, does not work a forfeiture of the term, or authorize the landlord to maintain ejectment for the lands demised.

    Mere words can never work a forfeiture of an estate for life or years.

    Default in the payment of the rent, where there is a covenant for its payment, and no condition in the lease providing for a re-entry in case of such default, does not work a forfeiture of the term.

    The words “yielding and rendering” in a lease, import a covenant, but not a condition, unless the landlord would otherwise be without remedy in case the rent should not be paid.

    (S. C., 12 Barb. 120; 9 N. Y. 9.)

Document Info

Citation Numbers: 1 Seld. Notes 169

Filed Date: 10/7/1853

Precedential Status: Precedential

Modified Date: 11/14/2024