Davidson v. Poli
| Decision Date | 30 June 1925 |
| Citation | 102 Conn. 692,129 A. 716 |
| Court | Connecticut Supreme Court |
| Parties | DAVIDSON v. POLI. |
Appeal from Court of Common Pleas, New London County; Charles B Waller, Judge.
Summary process proceeding before a justice of the peace, by Sylvester Z. Poli against Abe Davidson. Judgment for plaintiff was set aside, and cause remanded on writ of error by the court of common pleas, and plaintiff appeals. No error.
The plaintiff before the justice of the peace, and defendant in error here, leased to the plaintiff in error a building known as Poli's Theater, in the city of Norwich, with its furniture and equipment, for the term of five years ending July 15, 1927. The lessee in terms agreed " to pay all necessary expenses incident to the use and management of said property for the purpose aforesaid, including heating lighting, taxes, all expenses for interior repairs, and all other ordinary and necessary expenses incident to the business aforesaid." The lease contained a stipulation for termination upon the failure of the lessee to perform each and all of his covenants, after fifteen days' notice in writing; and the notice to quit, given November 1, 1924 specified particularly the lessee's " failure to pay the taxes on the leased premises, and to pay the insurance thereon as provided for by said lease, and a bond dated the 2d day of April, 1924, executed by Abe Davidson, as principal, and Peter Sellas and Virtume P. A. Quinn, as sureties." The bond referred to was given to secure the performance of the lessee's covenants contained in the lease.
The complaint in summary process, dated November 19, 1924 alleged as a breach of covenant that the plaintiff, since the execution of the lease, had been compelled to pay $3,017.03 for insurance premiums on the leased premises, which the lessee failed to repay on demand.
The lease itself contains no covenant on the part of the lessee to pay premiums for insurance on the premises, unless the payment of such premiums is required by the covenant to pay " all other ordinary and necessary expenses incident to the business aforesaid" ; but the complaint alleges the execution of the bond referred to in the notice to quit, and in that bond it is recited that the lessee has executed a lease of the premises " and does under the terms of said lease, agree to pay for taxes, insurance, and repairs of the interior of said property during the term of the lease."
On the trial in the justice court, the plaintiff claimed, and the justice so charged the jury, that the bond was a part of the lease, on the theory that the recital of the bond was in legal effect an alteration, amendment, or explanation of the general covenant contained in the lease to pay ordinary and necessary expenses incident to the business of operating the theater, so that a...
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...135 Conn. 364, 365, 64 A.2d 680 (1949); Atlantic Refining Co. v. O'Keefe, 131 Conn. 528, 531, 41 A.2d 109 (1945); Davidson v. Poli, 102 Conn. 692, 695, 129 A. 716 (1925); Winestine v. Rose Cloak & Suit Co., 93 Conn. 633, 638, 107 A. 500 (1919); Fort Orange Barbering Co. v. New Haven Hotel C......
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