down the way to the highroad and then to town. Clark claimed that he had no right so to do. Is Clark's contention sound? § 55. Lane owned the lower story of a building and Townes the upper. Townes started to tear away the upper story. May Lane prevent him from so doing? Suppose Townes let the upper story fall into disrepair, could Lane compel him to repair it? §§ 69, 70. What is the distinction between a true easement and the so-called equitable easement? § 71. Allen sold the north half of his land, which had clay pits, to Bates, and agreed that no clay should be sold from the south half retained by him for the next ten years. The next year he sold the south half to Paine, who knew of this agreement with Bates. Paine began to sell clay from the land. May Bates enjoin him? § 74. Dodd sold Mead a lot in a residence district. Mead covenanted that he would not erect a flat building on it. Ten years later all that part of the city was devoted to shops and flat buildings and Mead began to build a flat. May Dodd enjoin him? § 77. What is the legal difference between a license and an easement? § 80. Gray sold Smith an auto which was at the time in Gray's garage and told Smith he could take it away any time in the next week. The next day he notified Smith to keep off his land. Smith went on Gray's land the same day and took the auto. Is he liable for trespass? Suppose Gray had tried to keep Smith off and Smith had knocked him down and broken his arm. Would this have been justified if necessary to get the auto? § 83. Lord leased a house to Dale for ten years. Dale covenanted to keep it in repair. Two years later Dale assigned his lease to Wood. Wood did not keep the house in repair. May Lord hold Wood on the covenant? § 84. Could Lord have held Dale for Wood's failure to repair? § 88. Suppose in the lease last mentioned there had also been a covenant by Dale that he would not permit gambling in the house and Dale had subleased to Small for three years. If Small had permitted gambling, would Lord have had any remedy against him? § 89. What is the difference in the legal rights of a person to whom has been conveyed a piece of land which is protected by a covenant that runs with the land. and a person to whom a mere contract right has been assigned? APPENDIX E LANDLORD AND TENANT. § 2, 3. What are the various kinds of leases by express agree ment and the chief differences between them? § 4. Nov. 1, 1908, Jones leased to Robinson a house for one year at a rent of $25 a month, payable in advance-Jones to heat the house. The year expired and on Nov. 1, 1909, Robinson paid Jones $25 as usual, which Jones accepted. Later in the month Jones notified Robinson to quit the premises and refused to heat them. Has Robinson a cause of action against Jones? § 5. Armstrong bought a reserved seat ticket for $12 for a series of six concerts. After the first concert the management tendered him back $10 and refused to let him occupy his seat thereafter. Has he a cause of action? 87 Could Wright, a lodger, who had paid in advance for six weeks' lodging, maintain ejectment against the lodging house keeper for turning him out of his room during the six weeks? § 11. Murphy owned ten acres of land. He entered into a contract with Peterson whereby the latter was to have the exclusive control of planting and cultivating the land and attending to and harvesting the crop. Murphy was to supply the seed, horses and necessary harvesting machinery, and have one-half the crop. What was the legal relation between Murphy and Peterson? § 12. Hale executed the following instrument to Smith. "Hale hereby agrees to lease his ten acre tract (describing it) to Smith forever for $500 cash and to give him a good quitclaim deed to it and Smith agreees to pay the $500 therefor." What are the rights of the parties? § 13. What are the provisions of the Statute of Frauds with reference to leases? § 14. Is the following in the writing of John Peters a sufficient memorandum within the Statute of Frauds to bind him: "Rec'd Jan. 5, 1897, of L. Brown $75, rent three years from date of valley farm. J. P. " § 16. Gray made an oral lease to Lloyd for ten years at $10 a month. The Statute of Frauds required leases for more than three years to be in writing. Lloyd entered under the oral lease. May Gray sue him as a trespasser? § 19. Jones wrote to Clark: "I will lease you my house at the corner of 1st avenue and Linden Street for three years at $300 a year upon the usual terms." Clark accepted. Jones then tendered him a lease containing the following covenants; that the lessee would keep the premises in repair; that he would not assign or sublease; that he would keep the premises insured in the name of the lessor; that the lessor should have a right to enter and inspect the premises; that the lessee should not use the premises for a lodging house. To which if any of the covenants may Clark properly object? § 20. If Jones refused to give any lease other than that above mentioned, what relief if any could Clark obtain? § 21. Lewis leased an office to Todd, a physician. The office was in such bad condition that it was impossible to use it as a physician's office and Todd refused to pay the rent. May Lewis recover the rent by an action at law? Would it make any difference if the lease had stated that it was of "a physician's office" and had contained a covenant by Todd that he could use it for no other purpose? § 26. Crane leased a house to Murray for three years, covenanting that Murray should have quiet enjoyment. At the end of the first year Murray discovered that the land was really owned by Rogers and that Crane had no right to lease it. Does this constitute a breach of the covenant by Crane? § 28. Suppose in the last mentioned case that Murray assigned the lease to Guild and that Rogers then sued Guild in ejectment and that Guild defended the suit but finally lost and was forced to give up the house and pay $300 damages. Could Guild recover from Crane and if so how much? § 30. Curtis leased a three hundred acre farm to Hancock. Across the middle of it ran a public road. Curtis covenanted that the premises were free from incumbrances. Hancock later found there was a $100 mortgage on the premises, though it was not due until after his lease would expire. He sued Curtis alleging the road and the mortgage were each a breach of the covenant against incumbrances. Is his contention sound? § 31. Suppose Hancock had assigned his lease to Cabot. Could Cabot have sued Curtis on the covenant? § 32. Bates leased land to Cross and gave him the right to mine coal for factory purposes. Does this clause prevent Cross from using the land for farm purposes? Would the result have been different if the land had been expressly leased "for manufacturing?" § 34. What are the rules laid down by Spencer's case as to the running of covenants in leases? § 36. May the lessee assign or sublet without the consent of the lessor? § 37. May the lessor assign his interest without the consent of the lessee? § 38. Lamb had a lease that still had twenty years to run. He executed to Smith the following instrument: "I hereby assign to Smith all right, title, and interest in the aforesaid lease for a term of fifteen years from date." Is this an assignment or sublease? § 39. Lowrey leased a store to Murphy with a covenant that the lease should not be assigned without the consent of the lessor. Murphy went into bankruptcy and his trustee in bankruptcy took over the lease and sold it as an asset of the estate. Is this a breach of the covenant? § 40. Assuming the lease to have been assigned by Murphy in such a way as to amount to a breach of the covenant, could Lowrey have then entered and terminated the lease? § 42. Suppose a lessee assigns his lease with the consent of the lessor and the assignee does not pay the rent. May the lessor hold the original lessee for it? § 43. Suppose the first assignee in turn assigns with the consent of the lessor to a second assignee and the latter does not pay his rent. May the lessor hold the first assignee therefor? § 44. Larson leased two buildings to Tenney for twenty years with a proviso in the lease that if the premises were not kept insured, the lessor might enter and forfeit the lease: Tenney subleased one building to Squires for fifteen years with the same covenant. Squires kept his building insured but Tenney did not keep his insured. May Larson oust Squires as well as Tenney? § 48. A lessee of a farm on which there are twenty acres of woodland cuts down the wood and sells it. Has the lessor a right of action against him? Would the lessor have a right of action if the tenant cut wood to burn in the house or to make fence rails? § 50. Aldrich leased a farm to Morse. in very bad condition and Aldrich knew it. The floor of the barn was day on the farm Abner, Morse's hired man, drove into the barn and the floor fell with him seriously injuring him. Who is responsible therefor? § 52. Suppose the floor had been all right when the lease was made but subsequently Aldrich had found that it had become decayed and had not told Morse and the latter was injured by falling through. Could Morse hold Aldrich? § 54. Suppose in the last case that Morse had notified Aldrich that the floor needed repairing and requested him to repair it and Aldrich had refused and then Morse had been injured. Would Aldrich be liable? § 57. May 1. Galt leased a flat to Carter for one year at $50 a month. During the summer while Carter was away Galt put in a built-in side-board and a new ice-box and calcimined and papered the flat; so that it was then admittedly worth $55 a month. While so doing he damaged Carter's furniture to the extent of $20. Galt now attempts to hold Carter for $55 a month. Carter sues him for the $20. What judgment should be given? § 63. Suppose in the above case that the alterations had been made by Carter. Could he have collected from Galt the value of these improvements? § 69. What are the various kinds of rent known to the common law? § 71 Little leased to Brown for three years at a rent of $75 a month. Brown subleased the same premises to White at $100 a month. Brown does not pay Little. May the latter hold White for the $75 a month? § 74. Jones leased a hundred acre farm to Smith at $100 a month. Jones then sold all his interest in seventy-five acres to Gray. What is the liability of Smith to Jones and Gray respectively? § 76. Suppose in the last case that the assignment was made on the 27th of the month and the rent was due on the 30th. Who would be entitled to the rent for that month? § 79. Raymond was holding under a lease from Beal a farm consisting of one hundred acres of land, three barns and a house. Beal used one of the barns to store his own hay and machines in but offered to abate the rent. Raymond thereupon notified him that he would pay no further rent and also refused to give up the premises What action, if any, has Beal? § 83 A lease did not state where the rent was to be paid. Must the lessee go to the lessor or the lessor come to the lessee? |