Part 127 (1/2)

1469. Purchase of Goods by Servants for Employer.

A servant cannot by buying goods for his employer's use pledge his master's credit, unless his master authorized him to do so, or unless the master has previously paid for goods bought by the servant in like manner on a former occasion. If a master contracts with a servant to provide certain things and pays him for so doing, a tradesman supplying the things can only sue the servant and not the master for his money.

1470. Privileged Communications.

An action will not lie against an employer for giving an unfavourable character of a servant, even though it be in writing. Communications of this nature, in answer to inquiries, are considered privileged. But if it can be proved that an employer has given a _false_ character from motives of _malice_, then an action for libel will lie against him; but the representations must be proved to be false as well as malicious.

1471. Laws of Landlord and Tenant.

1472. Leases.

A lease is a conveyance of premises or lands for a specified term of years, at a yearly rent, with definite conditions as to alterations, repairs, payment of rent, forfeiture, &c. Being an instrument of much importance, it should always be drawn by a respectable attorney, who will see that all the conditions, in the interest of the lessee, are fulfilled.

[SAVING AFFORDS THE MEANS OF GIVING.]

1473. Precaution.

In taking a lease, the tenant's solicitor should carefully examine the covenants, or if he take an underlease, he should ascertain the covenants of the original lease, otherwise, when too late, he may find himself so restricted in his occupation that the premises may be wholly useless for his purpose, or he may be involved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trade; he may find himself compelled to rebuild or pay rent in case of fire; he may find himself subject to forfeiture of his lease, or other penalty, if he should underlet or a.s.sign his interest, carry on some particular trade, &c.

1474. Covenants.

The covenants on the landlord's part are usually for the quiet enjoyment of the premises by the lessee. On the tenant's part, they are usually to pay the rent and taxes; to keep the premises in suitable repair; and to deliver up possession when the term has expired.

1475. Rent and Taxes.

The lessee covenants to pay the rent and all taxes, except the land and property taxes, which may be deducted from the rent.

1476. a.s.signments.

Unless there be a covenant against a.s.signment, a lease may be a.s.signed, that is, the whole interest of the lessee may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from a.s.signing or underletting. Tenants for terms of years may a.s.sign or underlet, but tenants at will cannot.

1477. Repairs.

A tenant who covenants to keep a house in repair is not answerable for its natural decay, but is bound to keep it wind and water tight, so that it does not decay for want of cover. A lessee who covenants to pay rent and keep the premises in repair, is liable to pay the rent although the premises may be burned down, unless a stipulation to the contrary be inserted in the lease.

1478. Neglect of Repairs by Landlord.

If a landlord covenant to repair, and neglect to do so, the tenant may do it, and withhold so much of the rent. But it is advisable that notice thereof should be given by the tenant to the landlord, in the presence of a witness, prior to commencing the repairs.

1479. Right of Landlord to Enter Premises.

A landlord may enter upon the premises (having given previous notice, although not expressed in the lease), for the purpose of viewing the state of the property.