Johnson v. Gurley

Citations

• 52 Tex. 222
• 1879 Tex. LEXIS 132

Syllabus

<p>1. Breach op covenant—Landlord and tenant.—For breach of mere covenant the lessor has no right of reentry, unless there is an express clause in the agreement which authorizes it. In the absence of such a clause, the lessor can only maintain his action for damages.</p> <p>2. Breach of condition—Lessor and lessee.—A lessor may, without an express clause to that effect, take advantage of a breach of condition by reentry, or by suit to recover the premises. The breach of condition does not, of itself, divest the estate of the lessee.</p> <p>3. Construction op lease—Lessor and lessee.—In a case of doubt as to the true construction of a clause in a lease, it should be held to . be a covenant, and not a condition or limitation.</p> <p>4. Fact oases.—See statement of case for a clause in an agreement between a lessor and lessee, in regard to the use of timber, which was held to be neither one of limitation nor condition, a violation of whicli did not forfeit the estate of the lessee, or give the lessor a right to maintain any action except for damages.</p>