104 Minn. 333 | Minn. | 1908
The owner of certain premises leased them to the plaintiff in this action. Plaintiff entered into' a written agreement by the terms of which it leased the east sixteen feet thereof to one Cameron and defendant Tobin, reserving a rent less than that paid for the whole premises and the right of re-entry for breach of conditions contained in said instrument, but leased the premises for the entire unexpired term of their lease from the owner of the land. On the same day
The question presented by the record is this: Can a lessee, who has by means of an instrument in form a sublease parted with his whole-term as to a portion of the premises leased by him, maintain an action of forcible entry and unlawful detainer against the person with» whom he has so contracted, by virtue of an attempted reservation of the right of re-entry for the breach of a covenant contained in that instrument?
It is the settled law of this state that: “Wherever a lessee grants or transfers the whole term for which the premises were leased to-him, leaving no reversionary interest in himself, it amounts to an assignment, and is not a sublease. This results by operation of law,, without regard to the form of the instrument. A mere reservation of rent, or of a right of re-entry for a breach of any of the conditions of the lease, will not change the legal relations of the parties; and the introduction of covenants into the instrument, whatever may be their effect between the immediate parties thereto, does not change-the legal effect of giving up the reversion.” Craig v. Summers, 47 Minn. 189, 49 N. W. 742, 15 L. R. A. 236. That case does not determine the controversy for either party to this action. The decision, upon a fair construction, is authority for the proposition that here-what purported to be a sublease was in fact an assignment of plaintiff’s interest to the part of the premises leased by it. In so far as-
Plaintiff has urged that the Iron Company’s case held only that a condition subsequent could not be assigned prior to a breach of its terms. -Apart from the subtlety of this criticism, and from our conviction that it will not, if logically carried out, sustain the weight of plaintiff’s logic, it is not consistent with the substance of the opinion itself. It is there said, inter alia: “The right of re-entry is not an estate or interest in land, nor does it imply the reservation of a reversion. * * * Humphreys (who, after having made the assignment in the form of a sublease through which plaintiff claimed, assigned or attempted to assign his lease and reversion to defendant) retained no estate or interest whatsoever in the lands demised, and not even the possibility of a reverter remained in him, for the right to re-enter cannot exist as an independent condition. It only exists as an incident to an estate or interest for the protection of which it is reserved.” Indeed plaintiff itself finally recognized this, regarded the decision as “ill-considered,” and asked that it be, in effect, reversed. This we are unwilling to do.
Plaintiff urges that it had a right to re-enter because of the breach of a covenant which constituted a condition subsequent, and that the rule in this state, as here interpreted, failed to recognize the existence
Affirmed.