French v. Mayor of New York
New York Supreme Court
OM the 28th of March, 1843, the defendants leased to the plaintiffs the premises known as “ Castle Carden,” for eleven years from May 1st, 1843, at an annual rent of $2000. The lease contained this clause: “ And that on the last day of the said term, or other sooner determination of the estate hereby granted, the said parties of the second part, their executors, administrators or assigns, shall and will quit and surrender unto the said parties of the first part, their…
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OM the 28th of March, 1843, the defendants leased to the plaintiffs the premises known as “ Castle Carden,” for eleven years from May 1st, 1843, at an annual rent of $2000. The lease contained this clause: “ And that on the last day of the said term, or other sooner determination of the estate hereby granted, the said parties of the second part, their executors, administrators or assigns, shall and will quit and surrender unto the said parties of the first part, their successors or assigns, the premises hereby demised, and all the improvements that may have been placed thereon by the said…
1Opinion of the Court
By the Court, Davies, J.
The question in this case is not, what are fixtures which a tenant is at liberty to remove on the expiration of his lease ? but, what did the lessees covenant with the lessors they would surrender and suffer to remain on the demised premises on the termination of the lease ?
The covenants of the lease are, that on the last day of the term the lessees will surrender the demised premises, “ and all the improvement's that may have been placed thereon by the said parties of the second part,” (the lessees;) “ and which improvements are to belong to the said parties of the…
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