Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-14
Law Court Rescripts
In Kennebec And
AndrOscOggin Cases

The law court Tuesday handed
down rescripts in cases from Kenne-
bee and Androscoggin counties.
Kennebec Case
The appeal of the defendant Is
dismissed with costs and the decree
of the sitting justice affk med in the
Kennebec county case Of Marion w.
Hayden VS.. Abraham Josephs.
The rescript, which was drawn by
Associate Justice Scott Wilson of
Portland, is, as follows:
A bill in equity for specific per-
Torrance. The defendants prede-
cessor in title leased to the plaintiff
tenement, consisting of store
and basement, for a term of five
years with the right of renewal for
five year terms as long as she may
want the same" but without eX-
pressly undertaking to bind the
lessons assigns by the covenant as
to renewals. The lease also con-
tanned an option to purchase in case
the lessor at any time was willing to
sell the entire property. The lessor
conveyed the premises with others
to the defendant subject to the
plaintiffs lease which was recorded.
The plaintiff demanded a renewal in
due course of the defendant, which
he refused to grant on the ground
that it was a personal covenant of
the lessor and did not bind the de-
PENDANT. HELD: That covenants
to renew have always been recog-
nized as real covenants since they
add to the stability of the lessee's
interest and afford inducement to
permanent improvement;
That the language of the lease was
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make the right of renewal condi-
tional upon the property not having
been sold by the lessor. and that
such a condition should not be Gre
ated by implication against this les
see.
That since the bill is brought by
the original lessee. it is not neces-
sary to decide whether the right OF
renewal enures to her assigns. Even
though a covenant for perpetual
renewal. it is not necessarily invalid
the weight of authority being in IA
vor of its validity.
AndrOscoggin Case
The appeal of the plaintiff is dis
missed with costs and the decree OF
the sitting justice affirmed in the
Androscoggin county case of Elmina
A. Brown VS.. William H. Chad
bourne.
The rescript, which was drawn by
Associate Justice Scott Wilson OF
Portland, is as follows:
A bill in equity seeking an injunc-
ton to restrain the defendant from
cutting lumber on farm now owned
by the plaaintiff, stumpage rights
having been granted to the defend
ant by the PLAINTIFFS predecessor in
title. The issue raised involves the
construction of the deed granting
the stumpage rights to the defend.
ant.
The construction contended for by
either party does not render the
language of the deed wholly consis-
tent and free from doubt. The
burden, however. is on the plaintiff
to clearly establish her right to the
extraordinary remedy sought by her
bill of complaint.
The plaintiffs evidence does no,
| warrant this Court holding that the
findings of fact by the sitting Justice
are clearly wrong. nor do we find
that his decree was based on any
erroneous ruling of law.
In respect to any timber already
cut the plaintiff has an adequate
remedy at law, and until she makes
1t clear that her rights are being
1nfringed upon and grounds fol
equitable relief exist court OF
equity will not grant her the extra.
ordinary relief prayed for.