Willis v. Astor
New York Court of Chancery
Bill and Answer. The bill was filed for a specific performance of a covenant to renew a lease. The defendant tendered a lease requiring the lessee to pay all taxes and assessments; and the complainants declined to accept a lease on those terms. The question was, as to what covenants and conditions a new lease should contain. The covenant in the old lease for a renewal will be found ip the opinion of the court.
1Opinion of the Court
The Vice-Chancellor :
The defendant having elected not to pay for the improvements, but to grant a new lease— *595as he had a right to do—the question is, about the terms and conditions of such new lease ?
The covenant is not that the defendant would renew the old lease or grant a new one on the same terms and with like covenants as are contained in the old one; but the covenant is simply that, in the event which has happened, he would “ make and execute a new lease of the premises for the further term of seventeen years at the yearly ground rent, which shall be equal to five per cent, interest per…
2Cited by9 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Orton v. NoonanWisconsin Supreme Court · 1870
- Noonan v. OrtonWisconsin Supreme Court · 1870
- Bamman v. BinzenNew York Supreme Court · 1892
- Kash v. HuncheonIndiana Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.