Mayor of Brookhaven v. Baggett

Citations

• 61 Miss. 383

Syllabus

<p>1. Contract. JExclusiveprivilege not a lease.</p> <p>The municipal authorities of a town agree with a party that if he will erect a market-house for the town, he shall, as his compensation therefor, have the occupancy thereof for twelve years, with the exclusive right to keep the same as a town market under the ordinances of the town requiring hucksters and vendors of marketable commodities to rent stalls from him at a fixed price. Held, that this contract was not a lease, and was not made such by being referred to subsequently in writing by the parties as a lease.</p> <p>2. Implied Warranty. Quiet enjoyment. Limitation.</p> <p>There can be no recovery as for a breach of an implied warranty for quiet enjoyment, occurring after the termination of the lessor’s term. The law never implies a warranty in a lease exceptso'long as the lessor has the term.</p>