31 Minn. 75 | Minn. | 1883
Harmon leased land, of which he was the owner, to Slosson, for the term of three years, “with the right,” as expressed in the lease, “to the said second party to a renewal of this lease at the same yearly rental, and subject to the same conditions as herein, for the further term of two years, unless the party of the first part wishes the piece of land for building purposes.” During the term of the lease, the lessee assigned his interest to the plaintiff. The lessor ■conveyed the land to the defendant Mackey, who, desiring to use the land' for building purposes, declined to renew the lease. The case ■only calls for a determination of the legal rights and obligations of the parties respecting a renewal of the lease.
Although the covenant for a renewal of the lease was made in terms merely in favor of the lessee, it is well settled that such a covenant runs with the land to one who, by assignment, comes to stand in the place of the covenantee. And, since the covenant runs with the land, it is obligatory, not only upon the covenantor, but upon his grantee. The legal effect of the covenant is hence clearly the same as if it read, “with the right to the said second party or his assigns to a renewal of this lease from the party of the first part or his assigns, * * * unless the party of the first part wishes the piece of land for building purposes.” Neither by the assignment to the plaintiff, nor by the grant to the defendant Mackey, was the covenant for renewal discharged of the condition which was a part of it.
The only question in the case is as to the construction to be placed
Judgment affirmed.
Mitchell, J., did not hear the argument or take part in the decision of this case.