27 Vt. 529 | Vt. | 1855
The opinion of the court was delivered by
This action is brought to recover damages for the breach of covenants contained in a lease. The lease was executed on the 23d of February, 1852, and was to continue so long as the rents were paid, and the covenants therein contained were performed. Breaches are assigned, in .the declaration, of the various covenants contained in the lease, and upon the performance of which issue was joined.
The facts stated in the case show a breach of some, at least, of these covenants; that is, the rent was not paid for the first year, when due, nor until after the commencement of this suit; nor was the given quantity of wall made during that period, as the defendant had covenanted, nor until after the suit was commenced. The plaintiff was, therefore, entitled, in any event, to recover nominal damages. The county court ruled that nominal damages, only, could be recovered. The plaintiff insists upon actual damages, and upon having those damages assessed by a jury. In relation to the covenant for the payment of rent, and for building wall we see no error in the ruling of the court. This suit having been commenced immediately after the termination of the first year, and those covenants having been subsequently performed, the damages are necessarily merely nominal.
The more important questions arise upon the covenants to carry on the farm in a good husband-like manner, “ and to maintain the buildings, and everything thereto belonging,” which appear to have
The judgment of the county court is reversed, and the case remanded.