Walsh v. Fort Schuyler Brewing Co.
New York County Courts
Summary proceedings brought by Matthew Walsh against the Fort Schuyler Brewing Company and its sub-tenants. On January 9, 1909, Walsh gave the Fort Schuyler Brewing Company a lease of a hotel property in the city of Utica, which lease was to run for a term of five years, and which term expired, therefore, on the 9th of January, 1914. The lease contained the provision: ‘‘ With the first privilege of a renewal of this lease at the end of said term.”
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Summary proceedings brought by Matthew Walsh against the Fort Schuyler Brewing Company and its sub-tenants. On January 9, 1909, Walsh gave the Fort Schuyler Brewing Company a lease of a hotel property in the city of Utica, which lease was to run for a term of five years, and which term expired, therefore, on the 9th of January, 1914. The lease contained the provision: ‘‘ With the first privilege of a renewal of this lease at the end of said term.” Prior to the 9th of January, 1914, Walsh gave notice to the brewing company and its sub-tenants that their lease would expire on that date, and…
1Opinion of the CourtHazard, J.
There can be no question but that the original term of this lease ended on the 9th day of January, 1914, at noon. The lease by its terms specifically so provides. The entire question litigated here is as to the effect of the provision in the lease which says: “ With the privilege of a renewal of this lease at the end of said term.” There is nothing further than the language just quoted upon that subject in the, lease. It does not state for what period, or at what rate, or in what manner the renewal is to be effected, and the petitioner claims the paragraph quoted is void for uncertainty. It…
2Cases cited7 opinions
- Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
- Hoff v. Royal Metal Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Chretien v. . DoneyNew York Court of Appeals · 1848
- Voege v. RonaldsNew York Supreme Court · 1894
- Simon v. SchmittAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by8 opinions
- Laevin v. St. Vincent De Paul Society of Grand RapidsMichigan Supreme Court · 1949
- Buddenberg v. WelchIndiana Court of Appeals · 1933
- Falkenstein v. PopperCalifornia Court of Appeal · 1947
- Hill v. PriorSupreme Court of New Hampshire · 1919
- Crecente v. VernierNew Mexico Supreme Court · 1949
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