« SebelumnyaLanjutkan »
should be subsequently executed by the own-, feiture of this lease," and plaintiff in its comers. Finkelstein v. Fabyik, 107 N. Y. Supp. plaint alleged that it "entered into a certain 67, 69.
indenture of lease," and that "at the time of An instrument described as a "lease,” the commission of said acts last aforesaid which fixed no length of time for it to run such defendants were tenants of said plainnor expressed any consideration therefor, and tiff under and by virtue of said lease, and for which recited that it
the purposes therein mentioned,” the instrumonths,” and provided that “on leaving the ment would be regarded as a "lease,” creatorder for said goods dollars on the ing the relation of landlord and tenant. delivery of the same, dollars, and Shafter Estate Co. v. Alvord, 84 Pac. 279, 2 every week thereafter the sum of dol
Cal. App. 602. lars," and which purported to be for the rent A "lease” is defined by Bouvier to be: of household goods and jewelry, which were “A species of contract for the possession and nowhere set forth or included in the cove- profits of lands and tenements either for life nants or agreements contained in the instru- or for a term of years or during the pleasure ment, was not a "lease.” State v. Cordray, 98 of the parties. A conveyance by way of deS. W. 1, 2, 200 Mo. 29, 9 Ann. Cas. 1110. mise always for a less term than the party
Since Rev. St. 1899, $ 1187, expressly au- conveying has in the premises. Duration for thorizes a street railway company to lease a shorter period than the duration of the its property, and since section 4160, provides interests of the lessor in the land is one of that when technical words having a peculiar its essential features, for if the lessor dismeaning are used in a statute they shall be poses of his entire interest it becomes an understood according to their technical im- assignment, and is not a lease. In other port, a street railroad company leasing its words, the granting of a lease always supproperty and franchises to another street poses that the grantor reserves in himself railroad company is not liable for an injury a reversion." In 18 Am. & Eng. Enc. of Law to a passenger resulting from the negligence (2d Ed.) 597, a lease is defined as: “A conof the employés of the latter company; the tract for the possession and profits of lands word “lease” importing a contract by which and tenements on the one side and the recone person devests himself and another per-ompense or rents on the other, or in other son takes possession of property for a term. words, a conveyance to a person for life, Moorshead v. United Rys. Co. of St. Louis, years or at will, in consideration of a rent, 100 S. W. 611, 613, 203 Mo. 121.
or other recompense." Within these defini
tions a sealed writing, witnessing that "the Where the owner of a sewing machine lessors do demise, let and lease for coal places it in possession of a prospective pur- mining and coke manufacturing purposes for chaser with an option to purchase at a fixed a period of thirty years” a tract of land, and valuation, and with no agreement to rent, which expressly agrees that "If at the expirasuch transaction is not a lease within Comp. tion of the said period of thirty years, all the St. 1907, c. 32, § 26, providing that an agree available merchantable coal which can be ment for lease must be in writing, and a
profitably mined has not been mined and copy filed with the county clerk. Singer
removed, the lessees shall have the privilege Sewing Mach. Co. v. Omaha Umbrella Mfg. of an extension of this lease on the same Co., 119 N. W. 958, 959, 83 Neb. 619.
terms and conditions as those hereinbefore The word "lease," as used in Rev. St. set forth, for a reasonable additional time 1899, § 1060, authorizing railroad leases, con- until the whole of said coal can be so mined templates such an instrument as divests the and removed," and which provides for a rent - lessor of possession and control and places or royalty to the lessors of a certain amount the same in the lessee to the exclusion of per ton, created a "lease." Harvey Coal & the lessor, possessing all the qualities and Coke Co. v. Dillon, 53 S. E. 928, 930, 59 W. incidents of a lease at common law between Va. 605, 6 L. R. A. (N. S.) 628. landlord and tenant. The rule that a land
Where a statute provides for the paylord, in the absence of a covenant to do so, ment of a franchise tax by railroads, express is under no obligation to make repairs, is ap- companies, chair and dining car companies, plicable to leases of railroads; so that the etc., to the state, and also a local tax to lessor, in the absence of a covenant to repair, the county, city, or taxing district, and anis not liable for injuries sustained by em-other statute provides for the ascertainment ployés of the lessee company by the latter's of the franchise tax according to that pronegligence in failing to keep the track in portion of the capital stock which the length proper repair. Hahs v. Cape Girardeau & C. of lines operated, owned, or leased in the R. Co., 126 S. W. 524, 528, 147 Mo. App. 262. state bears to the total mileage operated,
Where an instrument granted to defend-owned, or leased, and the proportion of the ants the use of and the right to occupy cer- tax to be paid in any locality is to be comtain lands described as a game preserve, and puted in the same way, a traffic arrangement provided that it was understood that any fail- by which one railroad obtains the right to ure on defendants' part to perform any of use the tracks of another for a certain pethe agreements expressed should work "a for-1 riod of time at a certain rental, in order to
obtain ingress to a terminal city, is a "lease," , the lessee an option to purchase the said within the meaning of the statute and for “leased premises” at a certain price. Held, the mileage operated under which the rail that the saving clause was not a reservation road is liable to pay a franchise tax. Jeffer- of an easement merely, but reserved from son County v. Board of Valuation & Assess- the operation of the lease the fee of the porment of Kentucky, 78 S. W. 443, 445, 117 Ky. tion reserved, and, such reservation having 531.
been omitted from a deed executed on the Where a will devised a farm to a son exercise of the option, the grantor was enof testatrix, and provided that if the farm titled to have the mistake corrected. Los should be leased for the purpose of mining Angeles & R. R. Co. v. New Liverpool Salt the proceeds of the lease should be divided Co., 87 Pac. 1029, 1030, 150 Cal. 21. among the children of testatrix, the word
A jury's negative answer to the special "lease" was not used in a technical sense, interrogatory, "Did you find that” the landbut indicated a method of converting the min. lord's agent "had authority to waive the erals into proceeds. Hyde v. Rainey, 82 Atl. lease" of the landlord on any part of the 781, 784, 233 Pa. 540, Ann. Cas. 1913B, 726.
crop covered by his lien, is not inconsistent Under a covenant in an oil and gas lease with the verdict for the defendant, as authorthat the lessor would, in and by any deed ity to "waive the lease" is something different thereunder executed by him, prohibit any from authority to waive the lien. Fishbaugh drilling for oil or gas on any land so con- v. Spunaugle, 92 N. W. 58, 60, 118 Iowa, 337. veyed, the word "deed” does not include a
As conveyance "lease," so as to prohibit the lessor from
Conveyance as including, see Conveyance. leasing the land for the purpose of drilling oil and gas wells thereon, Test Oil Co. v.
A "lease" is defined to be “a conveyance La Tourette, 91 Pac. 1025, 1029, 19 Okl. 214. of lands or tenements to a person for life, The use in a writing of such words as tion of a return of rent or some other rec
for a term of years, or at will, in considera"lease" and "rent,” the fact that it is for a definite period and a recited consideration,
ompense." Hayes v. City of Atlanta, 57 that it provides for an abatement of rent in S. E. 1087, 1089, 1 Ga. App. 25 (quoting and case of the obstruction of the wall by other adopting definition in Black, Law Dict.). buildings, also for necessary access through A "lease" is a conveyance of an estate and upon the premises, and that the lessor or interest in real property for life, for years, warrants the title to said leasehold for the at will, or for a term less than the grantor time herein mentioned, demonstrates that the had in the real property. The term is not writing was intended as a "lease." Levy satisfied by a contract by which a landowner v. Louisville Gunning System, 89 S. W. 528, gives to another a right to convey water 530, 121 Ky. 510, 1 L. R. A. (N. S.) 359. from a spring. Clark v. Strong, 93 N. Y.
The words “reserves" and "leases,” in Supp. 514, 516, 105 App. Div. 179. the title and body of chapter 244, p. 456,
"A 'lease' may be in a sense a conveyLaws 1897, providing for the assessment and ance, but such is not the commonly accepted taxing of mineral reserves, or leases, or sep- nor the accurate meaning of the term. When arately owned mineral, or mineral rights, we say premises are 'leased,' we generally to the owner thereof, separately from the mean that the use of them is transferred." land, and providing penalties for its viola- Duff v. Keaton, 124 Pac. 291, 294, 33 Okl. 92, tion, mean at one time reserved or leased 42 L. R. A. (N. S.) 472 (quoting definition in mineral, and at another written instruments Perkins v. Morse, 2 Atl. 130, 78 Me. 17, 57 evidencing mineral rights. Kansas Natural Am. Rep. 780). Gas Co. v. Board of Com'rs of Neosbo Coun
A "lease” is a conveyance by the owner ty, 89 Pac. 750, 751, 75 Kan. 335.
of an estate to another of a portion of his Naphtha lamps and fire alarm lanterns interest therein for a term less than his own, owned and used by a lighting company in and it passes a present interest in the land performance of its contract to light and for the period specified. Chandler v. Hart, maintain all naphtha lamps used by the city 119 Pac. 516, 519, 161 Cal. 405, Ann. Cas. for lighting are not within Rev. Laws, c. 12, 1913B, 1094. $ 23, cl. 2, making personal property "leased" To "lease" is to transfer, for a term for profit liable to taxation where located, specified therein, from the lessor to the lessee, since the lamps are not held by the city as the property therein demised. Moorshead v. a "lessee." Rising Sun St. Lighting Co. v. United Rys. Co., 96 S. W. 261, 277, 203 Mo. City of Boston, 63 N. E. 408, 181 Mass. 211. 121.
A "lease” granted premises, described The word “lease" is sometimes used to on a blueprint attached, reserving from the signify the interest and estate which is said "leased premises” that portion lying conveyed, but may properly apply to the inbetween the tracks of the L. Railroad, as strument or means of conveyance. Weander shown on such blueprint, and also reserving v. Claussen Brewing Ass'n, 84 Pac. 735, 736, a strip of land 10 feet on either side of 42 Wash. 226, 114 Am. St. Rep. 110, 7 Ann. said railroad tracks. Another clause granted Cas. 536.
"A ‘lease' is a contract for the possession./stead of a mere contract for their use as of profits of land and tenements on the one licensee under the owner. Roberts v. Lynn side and the recompense or rents on the oth-Ice Co., 73 N. E. 523, 524, 187 Mass. 402. er, or, in other words, a conveyance to a per
A contract, whereby it was agreed that son for life, years, or at will in consideration plaintiff should have the exclusive privilege of a rent or other recompense.” Headley v. of the public stenographer's office in a cerHoopengarner, 55 S. E. 744, 748, 60 W. Va. tain hotel, plaintiff agreeing to pay the rent 626.
promptly each month in advance for the Grant of easement
exclusive privilege of the public stenograKy. St. 1903, $ 2031, authorizes a guard- pher's office, and to do private correspondence ian to lease any real estate of his ward until for the hotel management, and to furnish the latter shall arrive at full age provided no competent stenographers for this service, such lease is made for a longer term than was not a "lease," but a mere agreement to seven years. Held that, where a guardian allow plaintiff to carry on business in the granted an easement for the laying of pipe hotel. Hess v. Roberts, 108 N. Y. Supp. 894, line over his ward's land, a conveyance would 895, 124 App. Div. 328. be construed as a valid lease of the property An agreement whereby tenants of a store for the purpose intended during the minority building, leased for a plumbing business, alof the ward but not for a longer term than lowed a third person to occupy part of it in seven years. Cumberland Pipe Line Co. v. conducting an electrical supply business, was Howard (Ky.) 100 S. W. 270.
a "lease," though called a "license" by them. As deed
Denecke v. Henry F. Miller & Son, 119 N. W. See Deed.
380, 384, 142 Iowa, 486, 19 Ann. Cas. 949. As grant
An instrument by which defendant con
tracted to "let," and plaintiff to “take,” the See Grant.
right to maintain, at a race park, three As incumbranco
stands for sale of candies, said right being See Incumbrance.
exclusive for said business within said park,
also the storeroom under the tracks, and one License distinguished
of said stands, not to exceed a certain size, The difference between a license and a
to be in the main pavillion, and providing lease is that a lease gives to the tenant the the period of "letting,” and the amount and right of possession against the world, while times of payment of the "rent," instead of a license creates no interest in the land, but being a "license,” is a "lease,” affecting deis simply the authority or power to use it in fendant in the exclusive use of the land, so some specific way. Joplin Supply Co. v.
that plaintiff, having paid the rent, can reWest, 130 S. W. 156, 161, 149 Mo. App. 78.
cover no part of it, though the park is deA license in respect to real estate is an stroyed by fire before the end of the period authority to do a particular act or series of of letting. Mehlman v. Atlantic Amusement acts on the land of another without possess-Co., 119 N. Y. Supp. 222, 223, 65 Misc. Rep. ing an estate therein. The test to determine 25. whether an agreement for the use of real
A contract to let to plaintiffs the excluestate is a license or a lease is whether the sive news, confectionery, view, and checking contract gives exclusive use of the premises privileges on defendant's steamers for ceragainst all the world, including the owner, tain specified seasons, though denominated a in which case it is a lease, or whether it "lease,” was not a “lease," but a "license." merely confers a privilege to occupy under Nash v. Thousand Islands Steamboat Co., the owner, in which case it is a license, the 108 N. Y. Supp. 336, 342, 123 App. Div. 148. question to be determined by a construction of the instrument. Shaw v. Caldwell, 115
An instrument granting, demising, and Pac. 941, 943, 16 Cal. App. 1.
leasing certain land for the purpose solely of The test to determine whether an agree minerals, laying pipe lines, building tanks,
mining and operating for oil, gas, and other ment for the use of real estate is a “lease” and structures to take care of the products or a license is whether the contract gives exclusive possession of the premises against and not merely a license to enter and operate
is a lease conveying an interest in the land, the world, including the owner, in which case for oil or gas. Barnsdall v. Bradford Gas it is a lease, or whether it merely confers a Co., 74 Atl. 207, 225 Pa. 338. license to occupy under the owner. An instrument by which the owner of premises let An instrument by which the owner of to defendant "his ice business and privileges land therein described grants to another all in
with the use and benefit of his the gas and oil under it, with the exclusive icehouses,” for a term ending on a certain right to enter thereon at all times to drill date, gave defendant the exclusive posses, and operate for oil or gas, etc., and provides sion of, and the entire beneficial interest in, for the time within which the various wells the icehouses and the land under them, so shall be completed, with a stipulated monthas to constitute a lease of the premises, in-'ly rental for each well not finished on time, and that each location shall consist of ten s.per month, with interest, until a certain sum acres more or less, and that no well shall was paid, after which the leased personalty occupy more than one acre, is not a "lease," was to become the property of the lessee, was as leases are usually understood, but a mere a conditional sale. Pringle v. Canfield, 104 grant of an exclusive right to enter and ex- N. W. 223, 19 S. D. 506. plore for oil and gas, and prosecute such busi
A contract provided that plaintiff leased ness, occupying no more land than is needed from the owner of certain land a tract confor that purpose, not more than one acre to taining 250 acres and agreed to pay $205 for a well. Stahl v. Illinois Oil Co., 90 N. E. the year 1905, with the privilege of rerenting 632, 633, 45 Ind. App. 211.
the property on the same terms for seven Mining license
successive years, and that in case of such re A contract simply giving a right to take newals, on full payment of the rent, the ownore from a mine, no estate being granted, er on completion of the period would convey confers a mere "license,” and licensee ac- the property to plaintiff in consideration of quires no right to the ore until separated $1, and the amount, with legal interest, of from the freehold; but an instrument devis- taxes paid pending the contract. Held, that ing lands for mining purposes, for a desig. such contract operated as a "lease," and nated term of years, at a fixed rent, and giv. the annual payments as rent, so long as it ing the right to erect all necessary buildings, was executory, and on completion of the pay. is a "lease," not merely a mining license. ments it became a sale, at plaintiff's option, Barnsdall v. Bradford Gas Co., 74 Atl. 207, on his paying $1, taxes, and interest pending 208, 225 Pa. 338, 26 L. R. A. (N. S.) 614.
the contract. Heard v. Heard & Lee, 41
South, 827, 828, 148 Ala. 673 (citing Davis v. Implied covenant for quiet enjoyment Robert, 8 South. 114, 89 Ala. 404, 18 Am. St.
The words "grant,” “demise," or "lease," Rep. 126; Wilkinson v. Roper, 74 Ala. 140). in a lease for years, creates a covenant in
The owner of land on which there were law for good title and quiet enjoyment of the
dumps of slag and smelter products entered lands demised during the term. Headley v. Hoopengarver, 55 S. E. 744, 747, 60 W. Va. which he purported to lease the land for a
into a contract denominated a "lease," by 626.
stated term, with the right to remove the As perpetuity
dumps on payment of a series of notes maturSee Perpetuity.
ing at intervals through a portion of the As property
term. The contract provided, in effect, that See Personal Property; Property.
removal of the dumps should proceed only in
proportion as payments were made, that As privilege
when all the dumps were removed the lease See Privilege.
should terminate, and that on payment of all Sale and contract of sale distinguished the notes on or before maturity the lessee
should be entitled to a bill of sale of the A conveyance of standing timber for sawinill purposes is a sale of land and not a within a specified term. It further provided
dumps, with the right to remove the same “lease" within Civ. Code 1895, § 3613, declar- that: “It is mutually agreed that all work ing that on a sale of land there is no implied warranty of title, and hence a vendee of and materials and smelter products shall be
on the said above-described slag, slag dumps standing timber cannot defend against a suit on purchase-money notes in any plea predi- performed in a thoroughly workmanlike mancated on the breach of an implied covenant of the first part to do or keep any of the
ner, and that any failure of the said party of quiet enjoyment. McLendon Bros. Finch, 58 S. E. 690, 692, 2 Ga. App. 421.
or any failure
to pay immediately when due any one or A contract binding the party of the first
more of said 100 promissory notes, part to rent certain land to the party of the shall work a forfeiture of all rights of the second part, providing for the payment of said party of the first part under this agreethree installments of rent, and agreeing that ment, and the said party of the second part if these are paid the party of the first part shall have the right
to declare will convey the land to the party of the sec- each and every one and all of the said 100 ond part, was a "lease” and not a contract of promissory notes, or whatever number of the sale. Thomas v. Johnson, 95 S. W. 468, 469, said notes may remain unpaid,
* im78 Ark. 574 (citing Quertermous v. Hatfield, mediately due and payable, and 14 S. W. 1096, 54 Ark. 16; Ish v. Morgan, 3 to collect the same,
and in case of S. W. 440, 48 Ark. 413; Watson v. Pugh, 10 forfeiture as aforesaid all work done and S. W. 493, 51 Ark. 218; Cheney v. Libby, 10 money expended by the said party of the Sup. Ct. 498, 134 U. S. 68, 33 L. Ed. 818; first part shall inure to the party of the secBlanchard v. Raines, 20 Fla. 467; Houston ond part as liquidated damages, v. Smythe, 5 South. 520, 66 Miss. 118).
and the said party
may thereupon A written instrument denominated a
enter upon said premises and dis"lease," acknowledging the receipt of $50, possess all persons occupying the same." and providing for further payments of $10 | Held, that such transaction was not a lease,
but a conditional sale of the material in the A contract, though in the form of a lease dumps, which gave the owner alternative and called a "lease," by which the vendor remedies for breach of the contract, and that, reserves title until final payment should be where he declared a forfeiture and took pos- made, and the right of rescission in case the session because of default in payment of purchaser should fail to pay any installments notes, he could not also collect the notes ma- of the so-called rent, is a conditional sale. turing thereafter. Manson V. Dayton, 153 Unitype Co. v. Long, 143 Fed. 315, 317, 74 Fed. 258, 259, 265, 82 C. C. A. 588.
C. O. A. 453. An agreement to sell a machine for a A "lease" of property under an agreecertain price, installments to be paid on ac ment that, on payment of a specified sum in ceptance of the proposition and shipment of installments, title shall pass to the lessee, the machine, with an option of returning it amounts to a conditional sale, valid as to within a certain time in lieu of the last pay. third parties as well as the parties to the ment, and giving no claim on the part paid, transaction. Kidder v. Wittler-Corbin Mais a "lease" for experimental purposes with chinery Co., 80 Pac. 301, 302, 38 Wash. 179. the privilege of completing the purchase, and
Sharing contract not a sale within Civ. Code, § 1770, providing
An owner of a farm and milk route let that one who manufactures an article under
it to one on condition that he furnish horses, an order for a particular purpose warrants it reasonably fit therefor. Kullman, Salz &
etc., and divide the proceeds as follows: Co. v. Sugar Apparatus Mfg. Co., 96 rac. 369,
Eggs, daily; crops, when sold; milk, month
ly. Held, that the contract did not create 372, 153 Cal. 725.
the relation of landlord and tenant and is A contract recited that S. desired to not a "lease," and hence did not create the have the "use" of plaintiff's building and relation necessary to allow the application saloon fixtures, to become "the owner of said of the law relating to the right of distress fixtures when fully paid for," and provided for rent. Olden v. Mather, 67 Atl. 435, 73 that S. could use the premises for a specified N. J. Eq. 217 (citing Gray v. Reynolds, 50 term; that he should make specified month- | Atl. 670, 67 N. J. Law, 169). ly payments to plaintiff, until the total pay. ments, after deducting monthly ground rent, LEASE AT WILL should equal the cost of the building, fix A lease of real property for more than tures, etc., and 8 per cent. per annum interest three years, signed by an agent whose authereon, when S. should be deemed the owner thority is not in writing, has against the of the fixtures, thereafter paying plaintiff principal no other force or effect, either in $55 per month until the expiration of his law or in equity, than a "lease at will," beground lease, and that S.'s failure to make cause of the first section of the statute of the monthly payments should evidence a re- | frauds. Clement v. Young-McShea Amuselinquishment of his rights under the contract. ment Co., 67 Atl. 82, 84, 70 N. J. Eq. 677, 118 Held, that the contract evidenced a condi- Am. St. Rep. 747 (citing Gen. St. p. 1602). tional sale of the fixtures, etc., and not a "lease" thereof; S. becoming the owner there | LEASE FOR YEARS of on reimbursing plaintiff his original in. A lease for any definite period is a vestment, with interest, etc. Coors v. Rea-"lease for years," and a lease for one year gan, 96 Pac. 966, 967, 44 Colo. 126.
and a lease for 99 years create an estate of A contract, after reciting that the ven
equal dignity. Moss Point Lumber Co. v. dors had "rented” certain furniture, provided
Board of Sup'rs of Harrison County, 42 that the title should remain in the vendors
South. 290, 298, 89 Miss. 448. until the purchase money was paid in spec "A 'lease for years' is a contract between ified installments, and on default in any lessor and lessee for the possession and payment the vendors reserved the right to profits of lands and tenements on the one take possession without legal process. There hand and a recompense by rent or other conwas further provision that all payments sideration on the other." City of New York should be placed to the credit of the vendee v. Interborough Rapid Transit Co., 104 N. Y. as payments on the "lease," or any other Supp. 157, 160, 53 Misc. Rep. 126 (quoting and goods for which he might owe the vendors adopting definition in McAdam, Landl. & T. on open account on any other "lease," and 127). that the vendee was to have no title to the "lease" until his account should be settled in LEASE FROM YEAR TO YEAR full. Held, that the contract was one of A lease for one year to continue there conditional sale, entitling the vendors to the after from year to year so long as mutually protection afforded by Code 1907, $ 7342, mak- agreeable to the parties is a "lease from year ing it a crime to remove or sell personal to year" after the first year, and entitles the property to hinder or defraud any person tenant to possession for at least two years who has a valid claim thereto, with knowl- and to sixty days' notice before the end of a edge of the existence of such claim. Steele year to terminate the lease. McQuinn V. v. State, 48 South. 673, 674, 159 Ala. 9. Logue, 128 S. W. 516, 517, 143 Mo. App. 232.