Shirk v. Adams

Citations

• 130 F. 441
• 64 C.C.A. 643
• 1904 U.S. App. LEXIS 4181

Syllabus

<p>1. Leases — Covenants—Breach—Insurance by Lessor — Recovery of Premiums — Void Policy.</p> <p>Where an assignee of a lease containing a covenant against a sale of a building on the leased ground without the lessors’ consent, and to insure such building, broke the covenant against the transfer, and on failure to procure insurance, after such breach, the lessors caused the building to be insured in the name of the assignee by policies stipulating that they should be void if the insured’s interest in the property was other than unconditional and sole ownership, the policies being void for breach of such condition, the lessors were not entitled to recover premiums paid therefor, though it was subsequently held that the transfer by the assignee was ineffectual to free him from his assumption of the covenant in the lease.</p> <p>2 Same — Misstatement of Interest — Waiver.</p> <p>Where a covenant in a lease required the lessee and his assigns to keep a building on the leased land insured, such covenant did not authorize the lessors to recover premiums for insurance procured by them, the validity of which rested on their ability to prove a waiver of a condition against a misstatement of insured’s interest in the property.</p>