Prindle v. Anderson
New York Supreme Court
Landlord and tenant. This was a certiorari to bring up proceedings had under the landlord and tenant act, against a tenant for holding over, 2 R. S. 421, 2d ed.
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Landlord and tenant. This was a certiorari to bring up proceedings had under the landlord and tenant act, against a tenant for holding over, 2 R. S. 421, 2d ed. On the 17th June, 1S36, Anderson the landlord, made affidavit that he was the owner of a certain lot of land (describing it) and that a day or two previous to the 1st September, 1835, a verbal agreement was made between him and Prindle, the tenant, by which he was to lease the lot to Prindle for the term of one year and eight months, from 1 st September, 1835, at a certain monthly rent, payable monthly ; that one of the conditions of…
1Opinion of the Court
By the Court,
Co wen, J.
It is not pretended that the proceedings subsequent to the affidavits, were irregular; and we do not, on certiorari, look into the merits.
Does the affidavit of Anderson make out a tenancy and a holding over ? 2 R. S. 422, § 28, sub. 2. The agreement by parol was void within the statute of frauds, 2 R. S. 69, § 8, 2d ed. If otherwise, it was executory, and conferred no interest in the lessee. The rule insisted on, that the oral agreement became valid for the year and 8 months, by a past execution, has no application in a court of law. It did not become valid as such.…
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