Globe Soap Co. v. Louisville & Nashville Ry.

Citations

• 18 Ohio C.C. Dec. 254
• 7 Ohio C.C. (n.s.) 218

Syllabus

<p>ESTOPPEL — COVENANTS.</p> <p>Jelke, Swing and GifCen, JJ.</p> <p>Legal Rule that Lessor is not Estopped as to Aeter-acquired Interest where Interest Passes by Lease, not Necessarily Binding on Chancellor.</p> <p>At law, where in a lease an interest passes, there is no estoppel on the lessor as to an after-acquired interest, but a court of equity will not invariably follow this rule; thus in a proper case, where the parties specially contracted with reference to an after-acquired interest, in addition to the ordinary lease covenants, such contract will be regarded as a covenant for a -further assurance, ,and the lessor will be estopped to assert such after-acquired interest.</p> <p>[Syllabus approved by the court.]</p>