Kew v. Trainor

Citations

• 150 Ill. 150
• 37 N.E. 223

Syllabus

<p>1. Lease — breach of covenant not to assign — rights of lessor. Alease contained an agreement of the lessee that neither he nor his legal representatives would underlet said premises, or any part thereof, or assign the lease, without the written consent of the lessor, and then provided that if default should be made in any of the agreements or covenants of the lessee, (which included the covenant not to assign,) then the lessor should have the right to declare the term ended, and re-enter: Held, that this was not a mere covenant not to assign, but was a power of re-entry for a breach of a covenant, having the force of a condition.</p> <p>2. Alease contained a covenant that neither the lessee nor his legal representatives would assign the same without the lessor’s written consent, and provided for a forfeiture and right of re-entry by the lessor for the breach of any of the covenants. The lessee, with the written consent of the lessor, assigned the lease, with a stipulation that no further assignment should be made without like assent of the lessor: Held, that the lessor had the right to forfeit the term, and re-enter, for an assignment of the lease by the assignee, without his consent.</p> <p>3. Same — rights and liabilities of assignee of lessee. A party, by accepting the assignment of a lease, and agreeing to perform all the covenants and conditions of the lessee, becomes obligated to perform all the terms and conditions of the lease in as full and complete a manner as the original lessee; and when the assignee, in consideration of the lessor’s written consent to the assignment, stipulates that no further assignment shall be made without the written consent of the lessor, and expressly agrees to perform all the covenants and conditions of the lease, he thereby assumes the position of the original lessee, and will have the same powers of the original lessee, and no other.</p> <p>4. Leeds — rule of construction — intention. It may be true that in the construction