House v. Burr
New York Supreme Court
APPEAL from a judgment of the Monroe county court. The action was commenced before a justice of the peace, and was brought to recover rent claimed tobe due upon a lease. The justice rendered a judgment in favor of the defendant, which was affirmed, on appeal to the county court. From the latter judgment the plaintiff appealed to this court.
1Opinion of the Court
By the Court, T. R. Strong, J.
The lease in this case was for a term commencing the 1st day of July, 1853, and ending the 1st day of July, 1855, “ with the privilege of two years more, if desired” one month before the expiration of the period specified, at a certain yearly rent, to be paid monthly during the term, with a clause expressing that the lessees, the defendants, had hired and taken the premises “ for the term and at the rent aforesaid,” and that they agreed to pay the rent. It is apparent from the phraseology employed, that it was not contemplated, in case the lessees should desire…
2Cited by16 opinions
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Orton v. NoonanWisconsin Supreme Court · 1870
- Swan v. . InderliedNew York Court of Appeals · 1907
- Insurance & Law Building Co. v. National BankMissouri Court of Appeals · 1878
- Zinwell Co. v. IlkovitzAppellate Terms of the Supreme Court of New York · 1913
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