24 Vt. 520 | Vt. | 1852
This is a prosecution under the 30th section of the act, Comp. Stat. p. 308, entitled “ Forcible entry and “ detainer,” in which plaintiff seeks to recover the possession of the premises described in his writ, upon which the defendant has entered under a contract, or parol lease, for one year. The proceedings are not attempted to be sustained, on the ground that the premises are detained by the tenant, after the determination of the lease by its own limitation, as they were commenced before the expiration of the year embraced in their contract, hut they are sought to be maintained on that provision of the act, giving this remedy, for the breach of various stipulations contained in the contract.
The case presents the question, whether the evidence offered, proves a breach of .such stipulations, as will sustain these proceed
At common law, a lessor could be repossessed of premises for • breach of certain stipulations contained in a lease, although no reservation was made by the lessor, of the right of re-entry. In such case, however, the stipulations must be of that character, the breach of which determined the interest of the tenant in the premises, as much so, as if it had expired by its own limitation, and which would give the lessor the right of entry and possession. Such would be the effect of a breach of any stipulation, express or implied, or of any act of the tenant which disaffirmed or impugned the title of the lessor, and which tended to defeat or divest the estate in reversion, as the covenant against waste, and the like-In those cases, no provision for re-entry is necessary, for the tenant’s interest is lost, and the lessor has an immediate right of reentry. But for the breach of the various stipulations contained in a lease, designed for the management and tillage of the land, and the breach of which has no tendency to deny the relation of tenant, or the rights of the lessor as such, the only remedy is, by an action for damages, unless, as a matter of additional security, >the right of re-entry was secured in the contract of the parties ; in which case, the lessor is placed upon the same footing that he would be, if the interest of the tenant was determined by any other act, and proceedings may then be sustained to be reinstated into the possession of the premises. Co. Litt. 6, 233, 4. Williams’ Law of Real Prop. 321. 15 Com. Law Rep. 225. 7 Johns. 232. 4 Kent’s Com. 125.
On these principles it is evident, that no proceedings could be