Masury v. Southworth

9 Ohio St. 340 (1859)

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Nature of the Case

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Facts

Powers leased property to Foster under a lease that required Foster to insure the property for the benefit of Powers and in the event that Foster failed to honor that covenant, that Powers could obtain insurance and charge Foster. Powers assigned and sold to P all his interest in the lease. Foster's interest was sold under court order with D becoming the purchaser. When the insurance on the property expired, P notified D and when they neglected to insure the premises, did so themselves. P sued D for reimbursement. D demurred and judgment was entered against P.