Clough v. Cook

Citations

• 10 Del. Ch. 175
• 87 A. 1017
• 1913 Del. Ch. LEXIS 17

Syllabus

<p>Fraud can generally be taken advantage of only by the person de ceived.</p> <p>Misrepresentation, to be a defense to a suit for specific performance of an agreement to renew a lease, must have been relied on; and hence that defense cannot be set up by one who with knowledge of the misrepresentations purchased the property from the person deceived.</p> <p>Aid in enforcing one’s legal rights will be withheld, if it would be unfair to help him; but specific performance of a lease, renewable from year to year perpetually at the option of the lessee, at a rent claimed to be merely nominal, will not be refused the lessee, where the defendant bought the property with full knowledge of the existence of the lease, and at a reduced price because of the lease.</p> <p>A court of chancery has jurisdiction to decree specific performance of an agreement to renew a lease, though no express renewal may be necessary to entitle the lessee to continue in possession.</p> <p>Under a lease giving the lessee option to renew it from year to year, he is entitled to have a decree of specific performance to renew the lease on the same terms, though it make the lease renewable perpetually from year to year.</p> <p>A covenant to renew from year to year at the lessee’s option in a lease of real estate is enforceable against a purchaser of the property with notice of the lease and the covenant to renew.</p> <p>Where a court of equity has taken jurisdiction to decree specific performance of a covenant to renew a lease at the lessee’s option, it is not prevented from granting such relief because the landlord has since started suit for possession before a justice of the peace, and the prosecution thereof may be perpetually enjoined.</p> <p>The granting of a decree for complainant on a motion for a decree notwithstanding the answer is in the discretion of the Chancellor; but where the answer cannot be amended so as to present a good defense, and nothing is to be gained by prolonging the litigation,