Wood's Mayne on Damages

Wood's Mayne on Damages

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1880 edition. Excerpt: ...term, and after notice in writing for delivering up possession from his landlord or lessor, or the person to whom the remainder or reversion shall belong, he shall pay double the yearly value of the premises. This statute, being a penal one, is to be strictly interpreted. Where the defendant was tenant of a room in a mill, through which the revolving shaft of a steam-engine passed, it was ruled that in calculating the double value, the value of the power of the steam-engine, which was supplied by the landlord to turn the machinery by means of this shaft, could not be taken into consideration. The court said that although the rent paid was an entire sum, part of it was paid, not for the value of the occupation, but for the landlord's performance of a coutract to do something beneficial to the tenant. If the landlord, by means of the tenant having held over, is prevented from using the steam-power beneficially, and deprived of profit thereby, he has a remedy on his contract with the tenant to give up at the end of the term, or for a trespass in continuing to occupy, and may recover compensation for his loss by way of special damage.' This statute, it will be observed, requires the notice to be in writing.' Sec. 329. Who may sue. The action for double value must be brought by the person standing in the position of landlord or lessor. It cannot, therefore, be brought by a person to whom the landlord has granted a fresh lease to commence from the expiration of the former lease, and who is prevented from coming into possession.' The holding over must be contumaeious, and not under a bonafide though mistaken claim Of right. Sec. 330. Deduction on account of payments made by the tenant. The landlord's claim to rent...show more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236976789
  • 9781236976789