Walter v. Dewey
New York Supreme Court
THIS was an action of covenant. The declaration stated, that on the 7th of June, 1815, at Homer, in the county of Cortland, by an agreement under seal, between the parties, bearing date on that day, the plaintiff agreed to let to the defendant, his half of the clothier’s shop, tools, fulling mill, privileges, &c. in which the parties had previously been partners, for the term of three years, from the 5th of Ocioher. 1815, for the sum of 900 dollars, to he paid by the de« . .…
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THIS was an action of covenant. The declaration stated, that on the 7th of June, 1815, at Homer, in the county of Cortland, by an agreement under seal, between the parties, bearing date on that day, the plaintiff agreed to let to the defendant, his half of the clothier’s shop, tools, fulling mill, privileges, &c. in which the parties had previously been partners, for the term of three years, from the 5th of Ocioher. 1815, for the sum of 900 dollars, to he paid by the de« . . . r J iendant in the following manner: viz. 300 dollars, by the 15th of March, 1816; 300 dollars by the 15th of March,…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
The grounds of the demurrers are, 1. That the facts pleaded do not amount to a tender, and are not a sufficient avoid- ‘ anee or excuse for the non-performance of the covenants. 2. That the pleas are not issuable.
The pleas I consider correct, in point of form, and they are taken from 2 Chitty Pl. 499. The question arising on them is this: whether the rent was payable on the premises, or whether the lessee was bound to seek the lessor, and tender the accounts. It is a well settled principle, as to rent, payable in money or kind, that where the…
2Cited by2 opinions
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