Hertzberg v. Beisenbach

Citations

• 64 Tex. 262

Syllabus

<p>1. Estoppel.— One who contracts to rent a house for a term of years, to begin on a future day, on which possession is to be delivered, and who is unable to obtain possession at the time stipulated, but who afterwards accepts a prof-1 fer from his landlord to lease for a like term, for the same rent, to begin when possession was actually delivered, is estopped from claiming damages for the non-delivery of possession to him in the first instance.</p> <p>2. Landlord and tenant — Damages —Covenant.—When premises are leased, with possession to be delivered at a future day, the lessor impliedly covenants that there shall be no impediment to the lessee’s obtaining possession at the time stipulated; for a breach of such covenant an action will lie.</p> <p>3. Same.— But the implied covenant does not extend to any period beyond the day when possession is to be delivered. If, after that time, a stranger trespasses on the premises, and, obtaining possession, withholds it from the lessee, his remedy is against such stranger, and not against his landlord. Following King v. Reynolds, 67 Ala., 229, and Hays v. Porter, 27 Tex., 92.</p>