Calvert v. Bradley
57 U.S. 580 (1853)

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U.S. Supreme Court

Calvert v. Bradley, 57 U.S. 16 How. 580 580 (1853)

Calvert v. Bradley

57 U.S. (16 How.) 580

Syllabus

Where a lease was made by several owners of a house, reserving rent to each one in proportion to his interest, and there was a covenant on the part of the lessee that he would keep the premises in good repair and surrender them in like repair, this covenant was joint as respects the lessors, and one of them or two representing one interest cannot maintain an action for the breach of it by the lessee.

The question examined whether a mortgagee of a leasehold interest, remaining out of possession, is liable upon the covenants of the lease. The English and American cases reviewed and compared with the decisions of this Court upon kindred points. But the court abstains from an express decision, which is rendered unnecessary by the application of the principle first above mentioned to the case in hand.

This was an action of covenant brought by the Calverts against Bradley and Middleton, who were the assignees of the unexpired term and property in the house for the purpose of paying the

Page 57 U. S. 581

creditors of the lessee. The lease was of the property called the national Hotel, in Washington, owned as follows:

Shares

George H. Calvert and Charles B. Calvert, jointly . . . 205

Roger C. Weightman. . . . . . . . . . . . . . . . . . . 66

Philip Otterback. . . . . . . . . . . . . . . . . . . . 22

William A. Bradley. . . . . . . . . . . . . . . . . . . 20

Robert Wallach, represented by his guardian, Alexander

Hunter. . . . . . . . . . . . . . . . . . . . . . . . 2

---

Total shares . . . . . . . . . . . . . . . . . . . 315

All of the above named persons signed the lease.

The history of the case and the manner in which it came up are set forth in the opinion of the Court.

Page 57 U. S. 590

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