Betts v. . June
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial district, reversing a judgment in favor of defendant, entered upon the decision of the court upon trial without a jury, and granting a new trial. The action was brought to recover for an alleged breach of covenant contained in a lease.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial district, reversing a judgment in favor of defendant, entered upon the decision of the court upon trial without a jury, and granting a new trial. The action was brought to recover for an alleged breach of covenant contained in a lease. Prior to the 19th day of December, 1862, the defendant had for some years been engaged in the tailoring and clothing business at Pulaski, in this State, having the principal establishment in his line in that place; and on that day he had a stock of goods in his business which he…
1Opinion of the Court
Earl, C.
It cannot well be claimed that the covenant not to engage in the tailoring business does not extend to the whole term of five years. It was to be in force during the continuance of the lease. There was but one lease, ¡which, if the notice was given, was to continue to December 15, 1867, and the whole term of five years is spoken of in the lease as the term of the lease, and all the other covenants in the lease clearly apply to this whole term. Hot only the language used, but the circumstances surrounding the parties, show quite clearly that they intended that the lessees should have…
2Cases cited1 opinion
- Tremper v. . ConklinNew York Court of Appeals · 1870
3Cited by6 opinions
- Simmons v. HamiltonCalifornia Supreme Court · 1880
- Clark v. FleischmannNebraska Supreme Court · 1908
- Dexter v. DexterAppellate Division of the Supreme Court of the State of New York · 1899
- Barbee v. . GreenbergSupreme Court of North Carolina · 1907
- Blount v. ConnollyMissouri Court of Appeals · 1905
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