Cook v. Soule
New York Supreme Court
Appeal from a judgment for the defendants rendered on verdict in the Onondaga county court, and from an order denying a new trial in that court. This action was brought in the county court of Onondaga county to recover $105, being a balance due plaintiff from defendants for rent.
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Appeal from a judgment for the defendants rendered on verdict in the Onondaga county court, and from an order denying a new trial in that court. This action was brought in the county court of Onondaga county to recover $105, being a balance due plaintiff from defendants for rent. The defendants plead a general denial and also a counter-claim for damages for a violation of an alleged agreement to repair, and for work done and money paid by them in making the repairs which they claimed the plaintiff should have made. * The testimony was conflicting as to whether the plaintiff ever agreed to…
1Opinion of the Court
By the Gowrt, Talcott, J.—This
action was commenced to recover rent, claimed to he due from the defendants to the plaintiff for the rent of a certain building occupied as a livery stable. The defendants set up, by way of counter-claim, damages, sustained by them by reason of the neglect and refusal of the plaintiff to perform and fulfill that part of the agreement which hound him to keep the premises in good and sufficient repair during the term. That this may be *348done is settled by the case of Myers agt. Burns (33 Barb., 401), affirmed in the court of appeals (35 N. Y., 269).
The same case also…
2Cases cited2 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Myers v. BurnsNew York Supreme Court · 1861