Clarke vs Hutson – clr volume 1 page 050

In the case between the lessors (Plaintiffs) and the lessee (Defendant), the court addressed whether the re-entry clause in a lease—permitting forfeiture for breach of covenants—extended to the covenant requiring payment of extra fire insurance premiums arising from hazardous additions. The holding established that the forfeiture (re-entry) provision referred only to specific covenants existing prior to the relevant proviso and did not encompass the covenant related to extra insurance premiums, reaffirming the interpretive principle that the scope of such clauses is limited by their placement and wording in the contract. This decision relied upon principles of contract and lease interpretation, emphasizing that only a breach of the expressly referenced covenants allows for forfeiture and t

REF: clr volume 1 page 050 Category: Tag:
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