Rock v. Monarch Building Co.

Citations

• 87 Ohio St. (N.S.) 244

Syllabus

<p>Ancillary to lease of land — Lessee gives bond for erection of building —No time named for erection of building — Stipulation must be performed in reasonable time — Suit by lessor for default of lessee — No defense to suit on bond, when.</p> <p>1. Where, as ancillary to a lease of land, the lessee has given a bond stipulating that he will erect upon the premises a building of a certain named value, which building is to be the property of the lessee at the end of the term, and no time is named in the bond or lease for the erection of such building, the stipulation is to be performed with, i a reasonable time, and a failure to so perform will be a breach of the bond.</p> <p>2. The fact in such case that the lessor has, after a reasonable time has expired for the erection of such building, prosecuted to judgment a claim for forfeiture of the lease because of non-payment of stipulated rent, does not constitute a defense to a suit by him upon the bond.</p>