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De Lancey v. Ganong

1 Seld. Notes 169 Court N.Y. Decision date 1853-10-07 English

Contents

Majority

p. 169
De Lancey against Ganong.

Headnote

Lease; forfeiture of term.

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 .)

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