LANDLORD AND TENANT - ANTICIPATORY OR PARTIAL BREACH BY LESSEE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff was lessor and defendant was lessee under a ninety-nine year lease. After thirty-one years had expired under the lease, defendant gave notice of his intention to quit at the end of the current quarter. Plaintiff informed defendant that he would not accept a surrender, but before the end of the quarter defendant abandoned the premises. When defendant refused to pay rent for the next quarter as it became due, plaintiff sued for the difference between the rent reserved for a thirty-year period and the fair rental value for such a period. Held, the repudiation constituted a total breach of the lease, and plaintiff could recover the difference between the rent reserved for a ten-year period and the reasonable rental value for that time. Hawkinson v. Johnston, (C. C. A. 8th, 1941) 122 F. (2d) 724.

Recommended Citation

Michigan Law Review, LANDLORD AND TENANT - ANTICIPATORY OR PARTIAL BREACH BY LESSEE, 40 Mich. L. Rev. 1263 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss8/19