Is an undertaking by the lessor a condition precedent to the liability of the lessee?

The question whether an undertaking by the lessor forms in law a condition precedent to the liability of the lessee depends upon the language used in each particular case and in many reported cases has given rise to much difficulty. Although the question was raised in the present appeal it was discussed very casually by counsel on both sides and the only case referred to was Tucker v. Linger (1882) 21 Ch. D. 18, at p. 30, 51 L.J. Ch. 713. In that case the action was based on certain stipulations contained in an agreement for a lease made between the plaintiff as lessor and the defendant as lessee. The material stipulations were as follows : The lessee to keep and leave in good and tenantable repair all the buildings and erections, etc. * * * * * The lessor to find timber, bricks, and tiles for repairs within five miles ot the premises, the lessee to do the drawing and labour. He, the lessee to give to the lessor three months’ notice in writing of his requirements.