Legal Opinion

W. Trans. Co. of Buffalo v. . Lansing

New York Court of Appeals

Decided May 28, 1872PublishedCited by 29 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial district, reversing a judgment in favor of defendants entered upon the report of a referee. This action was brought to compel specific performance of a covenant in a lease, which plaintiff claimed entitled him to a renewal of the lease, and to restrain defendant from interfering with plaintiff’s possession.

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Appeal from order of the General Term of the Supreme Court in the third judicial district, reversing a judgment in favor of defendants entered upon the report of a referee. This action was brought to compel specific performance of a covenant in a lease, which plaintiff claimed entitled him to a renewal of the lease, and to restrain defendant from interfering with plaintiff’s possession. The lease was of certain premises in the town of Watervliet, Albany county, executed by Levinus A. Lansing, lessor, and Erastus S. Prosser, lessee, dated August 30th, 1853. It was for the term of fifteen…

1Opinion of the CourtFolger, J.

This is an action on the equity side of the court to restrain the defendants from interfering with or dis turbing the possession of the plaintiff of certain premises in West Troy; and asking that the court adjudge the specific ■ performance of an alleged covenant, to execute a second lease thereof, so as to carry into effect that certain covenant, claimed to be contained in a lease heretofore executed.

The lease was executed on or about the 30th of August, 1853, between Levinus A. Lansing, from whom the defendants derive their title, and Erastus S. Prosser, who is the assignor of the…

2Cases cited4 opinions

  1. Wright v. . WeeksNew York Court of Appeals · 1862
  2. Chretien v. . DoneyNew York Court of Appeals · 1848
  3. House v. BurrNew York Supreme Court · 1857
  4. Doe on the Demise of Pidgeon v. RichardsIndiana Supreme Court · 1853

3Cited by29 opinions

  1. Kollock v. ScribnerWisconsin Supreme Court · 1897
  2. Hill v. HunterCourt of Appeals of Texas · 1913
  3. Nakdimen v. Atkinson Improvement Co.Supreme Court of Arkansas · 1921
  4. Hoff v. Royal Metal Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1907
  5. Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911

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