Abbildungen der Seite

When the term "running days” is used it means the days as they run day by day from the time the vessel is ready and in condition to load or unload and notice thereof has been given to the charterers or their agents.

If it is provided that the charterer shall pay, for every day's detention occasioned by his default, a specified sum, day by day, he is liable for demurrage for the whole period that the vessel is thus detained, and the days are to be reckoned as running days, and not working days, including all rainy or stormy days.2

The English courts do not seem to be harmonious as to whether the term “days” means working or running days.3

LEAD.-See note 4.


1. Definition, 976.
II. What Not a Lease, 976.
III. What May be Leased, 977.
IV. Form of Lease, 977.

V. Parol Leases, 978.
VI. Agreement for Lease, 980.
VII. Formal Parts of Lease, 981.

1. Date, 981.

2. Sunday Laws, 981.
3. Names of Parties, 981.
4. Recitals, 982.
5. Consideration, 982.
6. Description of Premises,

7. Term, 984.
8. Signature to Lease, 986.

ter party the charterers were to have permitting" did not apply to the time thirty working days, not includ- that the vessel was detained after the ing "rainy days,” for the purpose lay days had expired. The Oluf, 19 of loading a vessel with grain at Port- Fed. Rep. 459. land, Oreg. It was held that the term 3. Where a bill of lading stipulated "rainy days” meant such days that the that the cargo was to be discharged in rainfall prevented the loading of the a specified number of days, it was held vessel with convenience and safety, and to mean working days, and not runin determining this the actual facilities ning days. Cockran v. Retberg. 3 Esp. of the port for this purpose had to be 121,

Eldron. taken into consideration.

Days in a charter party allowed for It was further held that where a con- unloading are to be reckoned consecutract was entered into at a foreign port tively. Sundays are not to be deducted to load a vessel with grain at Portland, unless it is customary. The word it was in the contemplation of law, made "days” in the absence of any custom at the latter place, and that it might be and the term "running days” mean conshown by parol evidence what was the secutive days. Brown v. Johnson, Car. condition and convenience of the port & M. 440; 10 M. & W. 331. for such loading and what was the es- 4. "Lead to the apprehension and tablished usage at that place upon that conviction of thieves." See title REsubject in order to explain the meaning WARD. and use of dubious and uncertain phrases Lead Manure.-In an action of case in the contract like “rainy days." Bal- for disturbance of a way, plaintiffs four v. Wilkins, 5 Sawyer C. Ct. 429, claimed a right for themselves, etc., on

1. Davis v. Pendergast, 16 Blackf. 565. foot to go, return, etc., and also to lead 2. The Oluf, 19 Fed. Rep. 459. and carry away manure, but proved only

Where the charter party stipulated a grant of way on foot and for horses, "to discharge as fast as the vessel can oxen, cattle and sheep. It was held that deliver to company's lighters, weather there was a variance; for the term permitting,held that the term "weather "lead,” so used, implies a drawing on a


(6) Words Implying Such

Covenant, 1013. (c) No Implied Covenant

to Put Lessee into

Possession, 1015 (d) Covenants of War.

ranty, 1015 6. Covenants to Purchase Im

provements, 1016. 7. Covenants to Erect Build

ings, 1017. 8. Express Covenants

Part of Lessee, 1018. (a) Covenants to Repair,

1018. (b) Covenants to Pay

Rent, 1020. (c) Covenants to Pay

Taxes, 1022. (d) Covenants to Insure,

1024. (e) Covenants as to Use

of Premises, 1025. (f) Covenants in Re

straint of Trade, 1027. (g) Equitable Interfer

ence, 1028.

9. Sealing of Lease, 987. 10. Delivery of Lease, 987. II. Acceptance of Lease, 988. 12. Recording Lease, 989. 13. Possession, 989.

14. Adverse Possession, 990. VIII. Leases by Infants, 990.

1. To Infants, 991.
2. Leases as Contracts for

Necessaries, 991,
3. Avoidance of Lease for

Infancy, 991. 4. Disaffirmance of Becom

ing of Age, 992. 5. When Tenant May Dis

affirm, 992 6. When Infancy Does Not

Avoid a Lease, 992. 7. What Is Confirmation of

an Infant's Lease, 993.
IX. Leases by Lunatics, 993.
X. Leases by Committees and

Conservators. 994:
XI. Leases by Married Women,

994. XII. Leases by Agents, 995. XIII. Leases by Corporations, 997.

1. Private Corporations, 997. 2. Municipal Corporations,

998. XIV. Leases by Executors and

Administrators, 998. XV. Leases by Trustees, 998. XVI. Leases by Guardians, 998. XVII. Partnership Leases, 999. XVIII, Leases by Joint Tenants and

Tenants in Common, 1000. XIX. Conditions and Covenants,

1. Conditions, 1000.
2. Condition Precedent, 1000.
3. Condition Subsequent,1001.
4. Express Covenants

Lessor, 1001.
(a) What Is a Covenant,

(b) Against Incumbran-

(es, 1003 (c) To Make Repairs (see

also Landlord and

Tenant), 1003.
(d) To Renew Lease, 1006.
(e) Perpetual Renewals,

Who Entitled to Ben-
efit of Covenant to

Renew, 1009.
(g) Lessor Excused from

Renewing, When, 1011 5. Implied Corenants in

Leases, 1011.
(a) For Quiet Enjoy-
ment, 1011.

[ocr errors]


[ocr errors]

XX. Assignment of Lease, 1029.

1. What May be Assigned, 1029.

(103o. 2. What

Interest Passes, 3. By Tenant at Will, 1030.

Written and Parol As

signments, 1030. 5. Lease Assigned Contrary

to Its Terms, 1031. 6. Lessee Not Released by

Assignment, 1032, 7. Assignee's Liability for

Rent, 1033. 8. Assignee's Right to Sue,

1034. 9. Liability of General As.

signee, 1034 10. Administrator As

signee, 1034. 11. Privity Between Lessor

and Lessee, 1034. 12. Assignment Carries Right

to Renew, 1035. (1035. 13. Assignment by Lessor, 14. Recording Assignments,

1036. 15. Foint Assignees, 1036. 16. Presumption from Posses

sion, 1036. XXI. Subleases, 1036.

1. Definition, 1036.
2. Limitations Upon Power

to Sublet, 1036. XXII. Termination and Forfeiture

(See Landlord and Tenant), 1038.

I. DEFINITION.-A lease is a species of contract for the possession and profits of lands and tenements, either for life or a certain term of years, or during the pleasure of the parties.1

A lease is a contract, express or implied, between two or more persons, for the possession of lands or tenements, in consideration of a certain rent to be paid therefor.2

A lease is a contract for the possession and profits of lands and tenements on the one side, and the recompense of rent or other income on the other, or it is a conveyance to a person for life, or years, or at will, in consideration of a return of rent or other recompense.3

II. WHAT IS NOT A LEASE.—Several instances in which agreements have been held not to amount to leases are cited in the

cart. Said ColeRIDGE, J.: "If a grant and keep buildings and fences in repair, had been put on, conferring a right to is a lease. Strain v. Gardner, 61 Wis. 'lead manure,' the term would have 174. been construed according to the usual In a receipted bill of sale of hay and mode of leading; that is,' by drawing oats, wherein “A B bought of Č D " in a cart.” Brunton v. Hall, i Q. B. 792. there was this memorandum, signed by 1. Bouv. L. Dict.

CD, “Left at stable on O street, where 2. Taylor's Landlord and Tenant, A B takes possession. Rent to begin par. 14.

October ist, 1870, for one year at $150." 3. Jackson v. Harsen, 7 Cow. (N. Y.) Held to be a lease. Eastman v. Per326. (Quoting Woodfall, ch, 1, par. 1.) kins, un Mass. 30.

Definitions.-A contract by which a A conveyance of school lands under person is to pay an annual rent of a the Ohio law, directing to be granted certain per cent. upon the cost of a for 99 years renewable forever, reciting building, with the right of becoming the laws under which it was executed, owner on paying the price, is a lease. is to be construed a lease according to Municipality No. 1 v. New Orleans, the statute though by its terms it im5 La. An. 761.

ports a conveyance in fee. Hart 2'. A writing under seal, attested and Johnson, 6 Ohio 87. recorded in these words: “Know all An agreement to construct a buildmen by these presents, that I do puting to be occupied when finished by the into the hands of A. J. W. as collateral grantee at a stipulated rent, accompanied security for my board with him for the by words of present demise, operates as last three years and a half, my house a lease. People v. Kelsey, 14 Abb. (N. and lot in the town of M.; and he is Y.) Pr. 372. further authorized to control and receive A written agreement by the owner of the rents and profits, if there be any, land to lease same at a rent payable until the war is over, and some of her quarterly, to continue one year from children comes and sees to the pay. date, and on the other to pay the rent, ment of the above board, unless it and signed by both the owner and the should be sooner paid. If the said A. other party, is a lease for one year from J. W. should receive any rents its date. Hurlbut v. Post, i Bosw. (N. profits for the house and lot, he is to Y.) 28. give me credit with the amount on my An instrument giving one a right to account with him for board; and he occupy land for a certain considerawill also give me credit with the amount tion, payable as he occupies, as long as of sale-bill bought at Mrs. W's sale, he pleases to do so, is a lease at will of amounting to $672,”-operates in the the lessee and therefore at will of the nature of a lease, and is so regarded in lessor. Doe v. Richards, 4 Ind. 374. this case. Wells v. Sheerer, 78 Ala. The resolutions of the trustees of a 142.

town, granting A, his heirs and assigns, An agreement, whereby one person the rights and privileges of certain real leases his farm for a year to another estate upon certain conditions, cannot person for one-third of the crop, such operate as a freehold conveyance, but second person to furnish seed and tools, upon the conditions being performed, is.


notes, but do not admit of the deduction from them of any general rules of law.1

A grant or franchise for a limited term after which it reverts to the State is not a lease. 2

III. WHAT MAY BE LEASED.—What property may be leased. Anything corporeal or incorporeal lying in livery or in grant may be the subject of a lease-lands, houses, commons, ways, fisheries, franchises, estovers, annuities, goods, chattels and live stock.3

IV. FORM OF LEASE.—No particular form of expression or technical words are necessary to constitute a lease, but whatever expressions explain the intention of the parties to be, that one shall divest himself of the possession of his property, and the other shall take it for a certain space of time, are sufficient, and will amount to a lease for years, as effectually as if the most proper and permanent form of words had been made use of for that purpose.4

Car. 154:

Me. 209.

a lease for an indeterminate period. 2. Bridge Proprietors v. State, 21 N. Jackson v'. Hughes, 1 Blackf. (Ind.) 421. J. L. 384; s. c., N. J. L. 593.

A writing which, for a valuable con- 3. Wallace v. Headley, 23 Pa. St. sideration, grants liberty to flow a man's 106; Smith v. Kerr, 3 N. Y.


Smith land for a number of years, is a lease V. Simons, 1 Root (Conn.) 318; Mickle within the meaning of the Connecticut v. Miles, 31 Pa. St. 20. statute. Smith V. Simons, I Root Conditional Sales.-- A lease does not (Conn.) 318.

apply to personal property unconnected 1. What Is Not a Lease.-An agree with realty. A lease for a piano held ment between two tenants in common of to be a conditional sale.

Murch 7. lands, that one might occupy the whole, Wright, 46 III. 487. is not a lease. Medlin v. Steele, 75 N. A lease of a piano at so much per

month, until a certain amount is paid, A written authority to a person to

held to be a conditional sale. Gorham give a lease to another on the terms be- r. Holden, 79 Me. 317. fore offered in writing by him, is not in CONDITIONAL SALES DISGUISED itself a lease. Davis v. Thompson, 13 AS LEASES. See CONDITIONAL SALES,

vol. 3, p. 426; CHATTEL MORTGAGES, An order to surrender land to a per- vol. 3, p. 175. son, stating "to whom it has been 4. Taylor's Landlord and Tenant, rented for 99 years," is not a lease, nor par. 159; Hallett 7. Wylie, 3 Johns. (N. an agreement for a lease such as could Y.) 47; Thornton 7'. Payne, 5 Johns. be enforced by a bill in equity for spe- (N. Y.) 74; Bac. Abr., tit. Lease; Mars cific performance. Howard ;. Carpen- erick 7'. Lewis, 3 McCord (S. Car.) 211; ter, 11 Md. 259.

Morrill 7'. Mackman, 24 Mich. 279; A contract between the owner of Watson v'. O'Hern, 6 Watts (Pa.) 362; land and another person that such other State z'. Page, i Spear (S. Car.) 408. person shall raise a single crop on In estimating the language which shares, upon the land of the former, constitutes a lease, the form of words does not amount to a lease of the land. used is of no consequence; and it is not Bishop v. Doty, i Vt. 38.

necessary that the term "lease "should An agreement by the municipal au- be used. Whatever is equivalent will thorities with a party, that if he would be equally available, if the words assume erect a market house for the town he the form of a licence, covenant should occupy it for twelve years, with agreement, and the other requisites of exclusive right to keep it under ordi

a lease are present.

Moore v. Miller, nances requiring stalls to be rented of 8 Pa. St. 272; Bussman 2. Ganster, 72 him for a fixed price. Held, not to be a Pa. St. 256; Steel z'. Frick, 56 Pa. St. lease, and to imply no covenants of quiet 172; Moshier v. Reding, 12 Me. 478; enjoyment. Brookhaven v. Baggett, 61 Kunkle ?'. Phila, Rifle Club, 10 Phila. Miss. 383.

(Pa.) 52; Jackson v'. Hughes, i Blacht. 12 C. of L.-62



And the word “lease" may vest a lease for years or for life according to the intention of the parties. 1

A receipt expressing the terms and the nature of the tenancy may be a lease. 2

V. PAROL LEASES.—A parol lease is where the parties agree, either orally or by a writing not under seal.3

(Ind.) 421;

Mickie 1. Lawrence, 5 the lessor may elect to treat him as Rand. (Va.) 571; Waller ?'. Morgan, tenant from year to year, and recover 18 B. Mon. (ky.) 142; Brauch z'. Doane, the value of the premises as upon a 17 Conn. 411; Ball 2". Peck, 43 III. 482; lease from year to year. Shepherd z. Boone 7'. Stover, 66 Mo. 430; Smith v. Cummings, 1 Coldw. (Tenn.) 354. Simons, i Root (Conn.) 318; People v. A parol lease "by the year" is for Kelsey, 38 Barb. (N. Y.) 260); Bacon 7. one year and binds the parties no Bowdoin, 22 Pick. (Mass.) 401.

longer. Pleasants 2. Claghorn, 2 Miles 1. Jamaica Pond Aqueduct Co. V.

(Pa.) 302. Chandler, 9 Allen (Mass.) 159; Ber: Although a lease may be void by the ridge v. Glassey, 112 Pa. St. 442. statute of frauds if the tenant goes into

2. Berrington v'. Casey, 78 III. 317; possession thereunder and remains for Eastman z'. Perkins, In Mass. 30; Gib- a time, the lease may be looked to in bons v. Dayton, 4 Hun (N. Y.) 451; determining the amount of rent due. Munn v. Wray, 7 Blackf. (Ind.) 403; Evans v. Winona Lumber Co., 30 Alcorn v. Morgan, 77 Ind. 185; Moring Minn. 515. v. Ward, 5 Jones (N. Car.) 272.

There may be a parol reservation of 3. Parol Leases.—A letting by parol the landlord's share in growing wheat for a sumn certain per month, nothing from a written lease, under which the being said about a year, constitutes a lessee takes possession before the matulease from month to month, and the rity of the crop Hisey i'. Troutman, fact that the tenant holds over for more 84 Ind. 115. than a year cannot make him a tenant Where the owner of certain lands from year to year.

Hallis v. Burns, enters into an agreement with another 100 Pa. St. 206.

person by which the last named party A verbal agreement to give a lease is is to raise a crop of wheat, corn and not binding it any essential matter af fodder upon the land, the owner to furfecting the rights of the parties—as nish all the teams, horses, etc., all seed, here the time of commencement–is left wheat and corn, and all the carts, etc., open to future consideration and re- and some guano; the second party to mains unsettled. Sourwine v. Truscott, do all the labor and cultivate and tend 17 llun (N. Y.) 432.

the crops, etc; the owner to have a A lessee who occupies premises can- certain portion of the crop and the not avoid paying the rent agreed upon other person the residue; heli not to in a parol lease for five years made by be a parol lease. Currey v. Davis, i a married woman without her husband's Houst. (Del.) 598. concurrence. His liability for rent re- Where a party enters into possession sults from his occupancy, and the terms of premises under a verbal letting, are properly regulated by a lease other- which is voidable under the statute of wise void. Nash v. Berkmeir, 83 Ind. frauds, agreeing to pay rent monthly,

which he pays as it accrues, he becomes A verbal agreement changing a con- a tenant from month to month. Browtract under seal is valid if supported by cell v. Welch, 91 lil. 523. a new consideration and not within the

A parol lease of premises for a year to statute of frauds. Wilyes v. White- commence in futuro, is not an executory head, 89 Pa. St. 131.

contract prior to the time of taking A parol licence by lessor to lessee to possession. Jt vests a present interest remain in possession after the expira- in the term and cannot be rescinded tion of the lease, made without con- by either party alone. In case there. sideration, is subject to revocation. före, of a refusal of the lessee to perWalker ?'. Wilson, 52 Ill. 352.

form the lessor is not required to lease A parol lease for one year is valid, to another if he has an opportunity, and if the tenant under such a lease and is not confined to his remedy for holds over for a portion of another year actual damages, but may refuse to ac


« ZurückWeiter »