Where the underlease does not operate as an assignment, there is neither privity of contract nor privity of estate between the head landlord and the undertenant1; and so the undertenant is not personally liable for the rent reserved by2, or on the covenants contained in, the head lease3. If, however, the head lease contains a proviso for re-entry on breach of covenant, he is liable to be evicted for such a breach4. Moreover, it is the undertenant's duty to inform himself of the covenants which are contained in the lease under which the underlandlord holds; and he is bound
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