70 Vt. 108 | Vt. | 1897
This is an action for breach of covenant. It appeared that the defendant leased his homestead and certain personal property to the plaintiff for one year. The defendant objected to the admission of the lease because it was not signed by his wife; and, at the close of the evidence, moved that the court order a verdict for him for the same reason. The defendant’s counsel insists that the lease was voidable under V. S. 2189, which provides that no homestead, nor an interest therein, shall be conveyed by the owner thereof, if a married man, unless the wife joins in such conveyance.
The lease was executed in August, 1895, and the term was to commence February 1, 1896; and the covenant was, that the plaintiff should quietly enjoy the premises for the term of one year. The covenant may have been entered into with the expectation that the wife would consent to the plaintiff’s occupancy, or with the intention of acquiring another homestead before the time for the performance of the covenant arrived, or under a belief that he could lawfully lease the premises without his wife’s consent. There is nothing in- the record that shows that the defendant contemplated doing an unlawful act. The covenant was, that the plaintiff should have the occupancy of the premises at a future day. This was not an illegal undertaking. He could covenant that the plaintiff should have quiet enjoyment of the premises at a future day; and, if, when the time of performance arrived, he could not give lawful possession, or preferred not to do so, and did not, there is no good reason why he should not be liable in damages for the breach of his covenant.
In Brewer v. Wall, 23 Texas 585: 76 Am. Dec. 76, it is held that a husband’s bond to convey title to the family homestead at a future day is valid, and that damages are recoverable for a breach of its condition.
The plaintiff’s evidence tended to show, that, after the making of the lease, on the 18th day of January, 1896, the ■defendant told him he could not let him have the place; but
Judgment affirmed.