Cutlar v. Potts.

Superior Court of North Carolina

Cutlar v. Potts.

3 N.C. 60

DecidedMay 5, 1798

StatusPublished

This text of 3 N.C. 60 (Cutlar v. Potts.) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cutlar v. Potts., 3 N.C. 60 (N.C. Ct. App. 1798).

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Opinion

Judge Stone

thought it politic that the law should be as stated in the Taw authorities cited on the former argument, otherwise a lessee might frequently be tempted to destroy the premises, in order to get dear of his bargain ; the law as laid down in these authorities has the opposite tendency : Lessees have every inducement to take care of the premises, and none to injure them, when they must pay whether the premises are burnt down or not; the value of the rent is a loss that must fall some where, upon the lessee if he pays, upon the lessor if he does not; — and why should that loss fall upon the lessor, who is an innocent man, any more than upon the lessee, who is no better than one innocent man ?

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Judge Stone

thought it politic that the law should be as stated in the Taw authorities cited on the former argument, otherwise a lessee might frequently be tempted to destroy the premises, in order to get dear of his bargain ; the law as laid down in these authorities has the opposite tendency : Lessees have every inducement to take care of the premises, and none to injure them, when they must pay whether the premises are burnt down or not; the value of the rent is a loss that must fall some where, upon the lessee if he pays, upon the lessor if he does not; — and why should that loss fall upon the lessor, who is an innocent man, any more than upon the lessee, who is no better than one innocent man ?

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Bluebook (online)

3 N.C. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutlar-v-potts-ncsuperct-1798.