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Lesion

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

In case of a, sale, it is competent for the purchaser to rescind the contract on account of lesion, i, e. the worsened value of thing sold, when it exceeds respect, but he must exercise it within two years. In the contract 'of exchange there is no right of rescission pour cause de lesion. {Code Civil, 1706.) Brown. LESSEE; LESSOR. The persons to and by whom respectively a lea3e (5. v.) is made. Lessee, in a statute extending liability of railroad corporations for live-stock killed, to lessees of roads, should include a corporation operating a road under an assignment of a lease. The term should receive such construction as will give effect to the intention of the legislature; such as will meet any case of parties using a road as substitutes for the owners, exercising the rights of owners under some right or permission given, for a consideration to be paid to the owners.

Burchfleld v. Northern Central R. R., 57 Barb. 589.

In a covenant of lease made by " A, as agent for B," there being nothing in the body of the lease inconsistent, B is properly described as lessor.

Devojl v. Halstead, 16 Ind. 287.

Liessor of the plaintiff. The person ■who really prosecuted the old action of ejectment was so styled, because the action was founded on a fiction that he had granted a lease to the nominal plaintiff, John Doe, whose possession he was called upon to make good.

See Ejectment.