Commodum

Convenience, benefit, advantage..Wullus commodum capere potest de injuria sua propria. No one advantage shall take of his own wrong-doing — as a cause of action or of defense. Applies where a partner retires from a firm, and fails to give notice of the change; where a person inadvertently or fraudulently mingles grain of his own with higher-priced grain belonging to another; where a tenant for years or for life cuts down trees and then claims them; where a grantor attempts to dispute the validity of the title he has conveyed; where one party binds another to a condition impossible to be performed, or does something to prevent or hinder performance. The maxim apphes only to the extent of undoing an advantage gained against the right of another, not to taking away a right previously possessed.* Thus, also, an admission, whether of law or of fact, which has been acted upon by another, is concliisive against the person who made it.* Qui sentit commoduni, sentire debet et onus. He who enjoys the benefit, ought also to bear the burden. He who enjoys the advantage of a right takes the accompanying disadvantage — a privilege is subject to its condition. Illustrated in the rights and liabi Uties arising out of the relation of principal and agent, grantor and grantee, lessor and lessee, attorney and client, husband and wife, innkeeper and guest, a carrier and the public — the principle pervades the law in all its branches.' On this principle rests the law of alluvion: the > L. commodue, convenience. 2 [Portland Bank v. Apthorp, 12 Mass. 266 (1816), Parker, C. J. 3 Commonwealth v. Lancaster Savings Bank, 123 Mass. 495 (1878); Connecticut Ins. Co. v. Conunonwealth, 138 id. 163 (1882); Gleason v. Mc Kay, 134 id. 424-26 (18;3), cases; Hamilton Company t>. Massachusetts, 6 Wall. 640 (1867); 24 How. Pr. 492. * See Broom, Max. •279; State k. Costin, 89 N. C. 616 (1883). « See 1 Greenl. Ev. §§ 207-9. Louanstein, 37 N. J. E. 305 (1883); owner takes the chances of injury and of benefit arising from situation.' Compare Onus, Cum onere.