Ford v. V. S. & P. Railroad
Ford v. V. S. & P. Railroad
Opinion of the Court
An agent who is authorized to lease is not authorized to bind his principal for costs of suits brought to recover possession of the property leased. Nor can the “ local attorney ” of a railroad company bring or authorize suits for it without consultation and special instructions to. that effect.
3. But it is the primary duty of the lessor to put the lessee in possession of the thing leased. C. C. 2696. If he leases property, he will not be permitted to explain that the lessee knew that the premises were in possession of other occupants, and simply bought the right to force them to pay rent, but where the lessee fails to. get possession, the lessor is responsible for all damages accruing therefrom, and for the nett profits which the lessee would have made had the thing been delivered to him.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.