Reid v. John F. Wiessner Brewing Co.

Citations

• 88 Md. 234
• 40 A. 877
• 1898 Md. LEXIS 176

Syllabus

<p>Liability of Assignee of Lease for Rent— Waiver of Condition against Assignment of Term, without Consent of Lessor — Departure in Pleading.</p> <p>When there is a.condition in a lease against the assignment of the term without the consent of the lessor, and such consent is given to one assignment without any restriction as to future assignments, the condition is waived altogether and the. assignee may assign the term without the consent of the lessor.</p> <p>The liability of the assignee of a term to the original lessor for rent is founded on privity of estate, in the absence of express agreement, and continues only so long as that privity exists; when such assignee makes a new assignment of the term to a third party he ceases to be liable for rent to the lessor.</p> <p>The declaration set forth defendant’s liability for rent, as assignee of a term founded on privity of estate. Plea, that before suit brought defendant had assigned the term to a third party. Replication, that the assignment to the defendant was made subject to the conditions of the lease which prohibited an assignment without the consent of the lessor and which contained a covenant to pay the rent. Held, that the replication was bad on demurrer because a departure, the declaration founding defendant’s liability on privity of estate and the replication relying upon a contract. The assignment of a lease “with all its covenants, terms and conditions ” does not impose upon the assignee any liability for rent other than that growing out of privity of estate.</p>