A lease may also be terminated before the prescribed period if the premises are taken for public uses or improvements ; O'Brien v. Ball, 119 Mass. 28 ; Barclay v. Picker, 38 Mo. 143 (and the subsequent reconveyance of the property by the city to the lessor would not revive the lease) ; or sold under process of law; Clarkson v. Skidmore, 46 N. Y. 297; or the total destruction of the de mised building by fire, there being no cove nant to repair ; Ainsworth v. Ritt, 38 Cal. 89; Winton v. Cornish, 5 Ohio 477 ; or the use of the premises for immoral purposes, which, if contemplated in the making of the lease, invalidates it, and the court will not aid either party to enforce it ; 2 C. & P. 347; Demartini v. Anderson, 127 Cal. 33, 29 Pac. 207 (and the lessor is indictable for such letting; Coin. v. Harrington, 3 Pick. [Mass.] 26) ; or any illegal use, as gambling; Ryan v. Potwin, 62 Ill. App. 134.
A lease of land is not terminated by the death of the lessee, but an action will lie against his administrator for rent during the remainder of the term ; Alsup v. Banks, 68 Miss. 664, 9 South. 895, 13 L. R. A. 598, 24 Am. St. Rep. 294. So a lease is terminated by merger in the inheritance or the fee wMn the tenant acquires it by descent or pur chase; Carroll v. Ballance, 26 Ill. 9, 79 Am. Dec. 354; and as to this point see further LANDLORD AND TENANT.
Assignment. It is not unusual for a lease to contain a covenant forbidding the assign ment of it by the lessee without the written consent of the lessor. Such covenant does not bind the lessee where he signs the lease, and at the request of the lessor assigns it to a third person, to whom it is never, in fact, delivered ; Stetson v. Briggs, 114 Cal. 511, 46 Pac. 603.
An assignment of a lease does not become complete and valid until there is consent by the proposed assignee; Beattie v. Copper Co., 7 Mont. 320, 17 Pac. 451. Where a lease contained a covenant against assignment by the lessee and the latter devised his interest to his executors upon certain trusts in the execution of which they transferred the es tate to themselves as trustees, there was no breach of covenant; Squire v. Learned, 196 Mass. 134, 81 N. E. 880, 11 L. R. A. (N. S.) 634, 124 Am. St. Rep. 525, 12 Ann. Cas. 977.
Parol evidence. The general rule that .a deed cannot he varied by parol applies to leases, and it has been enforced with respect to their date ; Henson v. Coope, 3 Scott, N.
R. 48 ; the amount. of the rent; Flinn v. Calow, 1 Man. & Gr. 589; the contemporane ous grant of rights and privileges inconsist ent with the terms of the lease ; Jungerman v. Boyee, 19 Cal. 354; Sientes v. Odier, 17
La. Ann. 153; time of payment of rent ; Car penter v. Shanklin, 7 Blackf. (Ind.) 308; that the lessee agreed to pay taxes ; Rich v. Jackson, 6 Ves. Jr. 334, n.; or that the les sor, at the time of the lease, agreed to re pair ; Post v. Vetter, 2 E' D. Sm. (N. Y.) 248; though a subsequent agreement for a consideration may be proved; Mayor, ,etc., of City of New York v. Price, 5 Sandf. (N. Y.) 542; Ten Eyck v. Sleeper, 65 Minn. 413, 67 N. W. 1026 ; but an allegation that the lessee was induced to occupy the premises by the lessor's promise to put in fixtures, 'made after the execution of the lease, does not show such consideration ; Johnson v. Witte (Tex.) 32 S. W. 426. See as to this rule, generally, and the exceptions to it, PAEOL EVIDENCE ; CONTRACT ; DEED. It was held that the question whether there had been a modification, as between lessor and lessee, was for the jury unless it was admit ted by the pleadings; Evers v. Shumaker, 57 Mo. App. 454.
Leases by corporations. Aside from the question of power to make a lease, which is usually covered by the general powers con ferred upon business corporations both under special charters and general incorporation laws, leases by and to such corporations will be found to be governed by the same rules as those applied to leases by natural per sons. Accordingly, the general charter pow qrs of purchasing, holding and dealing in real estate and other property and of selling, leasing or buying land were held sufficient to authorize the leasing and maintenance of a summer hotel by a railroad company at its terminus ; Jacksonville, M. P. R. & Nay. Co.
v. Hooper, 160 U. S. 514, 16 Sup. Ct. 379, 40 L. Ed. 515. So chartering a yacht by a news paper corporation for the purpose of collect ing news at the time of the war with Spain, was valid as within the means proper for the exercise of its charter powers ; Sun Printing & Pub. Ass'n v. Moore, 183 U. S. 642, 22 Sup. Ct. 240, 46 L. Ed. 366. A corpo ration authorized to hold real estate may lease its real estate to be used in a business different to that which the corporation is authorized to carry on ; Nye v. Storer, 168 Mass. 53, 46 N. E..402.
The execution of a lease by an authorized agent of a corporation is valid and effectual to create a term without the use of the cor porate seal; Crawford v. Longstreet, 43 N. J. L. 329; Phillip v. Aurora Lodge, 87 Ind. 505.