Lawrence v. Knight

1. The defendant, Knight, having terminated said lease by his own voluntary act, (in serving notice to that effect) is now estopped from denying the consequences of that act; that the “ term ” is at an end, and the proper remedy is by bill in equity. Humphreys v. Holtsenger, 3 Sneed, 228; Alston y. Boyd, 6 Humph. 505; Ridley v. McNary, 2 Humph. 174; Herring v. Bird, 4 Humph. 362; 6 Humph. 324; King v. Thompson, 9 Peters, 204; Ewing, Adm’r, v. Handley, 4 Littell, 371; Bright v. Boyd, 1 Story, 494; Hall v. Delaplain, 5 Wisconsin, 206; Berry v. Executor of Van Winkle, 1 Green. Ch. (N. J.) 269; Copper & Colbath v. Wells & Hoe, Saxton, pt. 1, p. 10; 4 Edward’s Ch. Rep.; and see Van Rensaellaer’s heirs v. Penniman, 6 Wendell, 569.

2. “ Term” is from the Latin “ terminus,” or end, and is the duration or continuance of the estate, and not of the time mentioned in the lease. A term of two years may be put an end, to in one year or any less time, by forfeiture or otherwise. As to the signification of “ term,” see Taylor’s Landlord and Tenant, sec. 16; 1 Hillard on Real Property, 198, 201; 2 Story, sec. 1316.

3. The “ term ” being thus ended by his own act, prior to the time agreed upon by the parties for its termination, he is liable at once for the value of the improvements, as stipulated in said lease, in the same manner as if he had permitted said lease to expire by its own limitation. He cannot claim the benefits resulting from such termination of the lease, to wit: the possession of the improvements and their rents, relieved of its burthen; but must take it subject to the [300]payment for the value of the improvements. Baroillhet v. Battelle et al., 7 Cal. R. 450; Gaskill v. Trainor, 3 Cal. R. 334; Gaskill v. Moore, 4 Cal. 233.

4. The sixty days mentioned in the lease, as the time when said appraisers were to be appointed prior to the end of said term, not having elapsed between the time when Knight gave notice that he intended to claim a forfeiture and the time of his re-entry into possession of said leasehold premises, said plaintiff is thereby released from the performance of such impossible act, the defendant having put it out of plaintiff’s power to comply with such condition.

5. The appointing appraisers was an act to be done by defendant, the same being a benefit to him. Because it was only upon condition that said appraisement be made, that said defendant was entitled to an extension of time for the payment of said appraised amount.