Opinion of the Court by
The questions arising in this case are, whether the agent of the saline had the power to substitute the defendant for the original lessee ? And whether, if he had such power, the judgment can be sustained under the agreement of the parties ? On the first question, the court are of opinion that the superintendent had no power to make Funkhouser and Forester lessees, in the place of the original lessee. His duty required him, in case of a violation of the covenants contained in the lease, to have entered into the possession of the demised premises, and then have advertised them for five weeks, and on the day fixed to have leased the premises for the residue of the term to the highest bidder. Here has been a total departure from the provisions of ‘the law.
The court also erred in rendering judgment against Forester only. The stipulation, if it conferred any authority, gave the court power to render judgment against Funkhouser and Forester.
Judgment reversed.