Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 76

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 76

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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. 1878 edition. Excerpt: ...specifically enforced against a lessee at the suit of the lessor; but to this general rule there are recognized and indispensable exceptions. We have here a case in which an action at law for the breach of the covenant to repair, would be an inadequate remedy to the lessor, considered as the mere owner or propri etor of the leased property, in view of the uncertainty of any estimate of damages that could possibly be made, and no remedy at all for the injury to. the public resulting from the loss of the navigation of the river. In such a case the chancellor may well interfere to prevent irreparable mischief, and his right to interfere by injunction, or other appropriate equitable remedy, is recognized by Mr. Justice Story, in his work on Equity Jurisprudence (vol. 1, secs. 720 and 721), and by Taylor on Landlord and Tenant (sec. 685.) Covenants to build were especially enforced in the cases of Storer v. The Great Western R. Co. (2 Y. & Coll. 48), and Stuyvesant v. the Mayor, &c. (11 Paige, 414). It is true these cases did not arise out of controversies between lessors and lessees, but the principles on which they rest are clearly applicable to contracts of leasing. If the Commonwealth had asked the alternative relief, either to have the covenant to repair specifically enforced, or the contract rescinded, it would not have been a sufficient answer for the company to have set up its insolvency and utter inability to perform its contract. Its pecuniary misfortunes can not be allowed to defeat the extension of slack-water improvements, and also to entail irreparable injury upon the Commonwealth; and as the appellee can neither have specific performance nor compensation for the breach of the contract, it must have rescission, or be more

Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236978633
  • 9781236978639