Bierman v. Stiefel

The opinion of the court was delivered by

Bergen, J.

This action is to recover rent reserved in a lease in which defendants in error, plaintiffs below, were lessors, and the plaintiff in error, defendant below, was lessee, *659who brings this writ to review the judgment recovered by the plaintiffs.

The declaration avers general performance by plaintiffs of all their covenants, and non-performance by defendant of his covenant to pay the rent reserved for the year commencing May 1st, 190?. Oyer of the written lease being craved by the defendant, the following covenant by plaintiffs appeared: “That in…