The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 16

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...prescribe the uses to which the interior of the store shall be devoted--provided only the use be not offensive, improper, or illegal--so he may not, otherwise than with the same proviso, prescribe the uses to which the outer walls may be devoted by his lessee. If the lessee deems it more advantageous to employ the walls for advertising the goods or the business of others, receiving payment therefor, than to advertise or expose his own goods upon the wall, it is none of the landlord's business, unless he has restricted and forbidden such use of the premises, or inserted in his lease a covenant against the sub-letting of them. It would besingular if a landlord, who had leased a building for the purposes of trade, might occupy the outer walls of the same building for displaying the advertisements of a rival trader; but this result might very probably follow, if the lessee might not control the use of the exterior walls. Spaulding v. Woodward. It appears from the case that.the lease, by its terms, granted the right to the lessee to occupy a portion of the very space which the lessor now claims the right to control, by putting a window there, a use quite incompatible with the lessor's claim to exclude the defendant entirely from its occupation. It appears, also, that a prior tenant permitted the lessor to occupy the outer wall for posting placards, without objection; but the fact that Mr. Dunlap did not choose to avail himself of all his rights or advantages 1s not a circumstance which can affect the present lessee. Nor can the present lessee be concluded by knowledge that Mr. Dunlap acquiesced either in an infringement by the landlord of his rights as a lessee, nor the fact that he may have occupied the premises upon difierent...show more

Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • Rarebooksclub.com
  • United States
  • English
  • Illustrations, black and white
  • 1236786068
  • 9781236786067