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1 Seld. Notes 169

De Lancey v. Ganong

New York Court of Appeals

Decided October 7, 1853

New York Court of Appeals · decided 1853-10-07

<p> Lease; forfeiture of term. </p>

Relies on De Lancey v. . Ganong · De Lancet v. Ga Nun

Decided 1853-10-07

¶1The denial, orally, by a tenant for life or years of his landlord’s title, and the assertion that he owns the lands in fee and owes no one rent for them, does not work a forfeiture of the term, or authorize the landlord to maintain ejectment for the lands demised.

¶2Mere words can never work a forfeiture of an estate for life or years.

¶3Default in the payment of the rent, where there is a covenant for its payment, and no condition in the lease providing for a re-entry in case of such default, does not work a forfeiture of the term.

¶4The words “yielding and rendering” in a lease, import a covenant, but not a condition, unless the landlord would otherwise be without remedy in case the rent should not be paid.

¶5(S. C., 12 Barb. 120; 9 N. Y. 9.)

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