21 Ga. 97 | Ga. | 1857
delivering the opinion.
This case depends on the construction which ought to be placed on the covenants in the lease. The lease was assigned ; and the question is whether the defendant in error was bound to receive the notes, with good endorsers, tendered by Roberts on or before the first day of August, 1855, for the rent. E. F. Kinchley, the lessee, expressly covenants and agrees, well and truly to pay to H. F. Willink, the lessor, his executors and administrators, the full and just sum of two thousand dollars per annum, during the time covered by the lease, in equal quarterly payments of five hundred dollars. He was bound by this covenant, notwithstanding the assignment of the lease. Auriol vs. Mills 4 Penn. Rep. 94.
The defendant covenanted to renew the lease, upon the same conditions and covenants as in that lease contained, for each and every year, for the term of five years next succeeding the first day of November, eighteen hundred and fifty-one, provided nevertheless, that the said Edward F. Kinchley should, on or prior to the first day of August, in each and every year of the five years, offer to the said Henry F. four promissory notes, with good and sufficient endorsers thereon, for five hundred dollars each, payable on the first day of February, May, August and November, respectively, of the year next ensuing, said promissory notes, being the annual rent of two thousand dollars due and payable as aforesaid. The only objection to the tender was, that the notes tendered were not the notes of E. F. Kinchley.
Let the Judgment of the Court below be reversed.