Brenner v. Schreck

Under the terms of the escrow agreement, the defendant undertook to procure an order from the Rent Commission increasing the maximum rent for the apartment in question. Implied in this agreement was a covenant on plaintiff’s part that he would deal fairly and act in good faith (Price v. Spielman Motor Sales Co., 261 App. Div. 626, 629; Kirke La Shelle Co. v. Armstrong Co., 263 N. Y. 79, 87). Since plaintiff, as the landlord, was the only person under the statute and regulations who could apply for such an order, and had refused to execute the necessary form, his conduct frustrated and…