Nestor v O'Neill

Judgment Date01 January 1939
Date01 January 1939
CourtCircuit Court
(Cir. Ct.),

Insufficiency of distress a condition precedent to right of re-entry -Necessity for formal distraint even if assets known to be insufficient.

An indenture of lease provided inter alia for the payment of a fine and of a rent, for which rent the lessor was to be entitled to distrain, and it further provided that "if no sufficient . . . distress shall . . . be found" a right of re-entry should accrue to the lessor. Held, that a distress for rent coupled with a failure to recover thereby constituted a condition precedent to the right of re-entry and that this condition was unaffected by the fact that the lessee's goods had only recently been found to be...

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