United States Trust Co. v. O'Brien
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by the United States Trust Company of 27ew York, trustee, etc., .against Miles M. O’Brien, to recover damages for a breach of the following ■covenant contained in the lease of the premises: “That the defendant will, at any reasonable hour in the daytime, permit the lessor or his agent to show the premises to such persons as he desires, for the purpose of selling or leasing the same, and will permit the usual notice of «To-Let’ to be posted on…
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Appeal from jury term. Action by the United States Trust Company of 27ew York, trustee, etc., .against Miles M. O’Brien, to recover damages for a breach of the following ■covenant contained in the lease of the premises: “That the defendant will, at any reasonable hour in the daytime, permit the lessor or his agent to show the premises to such persons as he desires, for the purpose of selling or leasing the same, and will permit the usual notice of «To-Let’ to be posted on the premises, there to remain without molestation.” The demise was for three years, commencing May 1, 1886, and ending May…
1Opinion of the CourtMcAdam, J.
Liability for breach of covenant is less extensive than that for a tort, and involves only such consequences as are the direct and proximate result of the act complained of. There are certain arbitrary rules in regard to such breaches, the principal of which is to give compensation for what is actually lost, to make the damages correspond with the real injury sustained, but not to permit a recovery where the loss cannot be directly traced to the act done or omitted. .It will be sufficient if the injury is a natural or necessary consequence of the act, but remote or merely possible…
2Cited by3 opinions
- Stafford v. SwiftAppellate Court of Illinois · 1905
- Anheuser-Busch Brewing Ass'n v. DwyerAppellate Court of Illinois · 1909
- Carlson v. KoernerAppellate Court of Illinois · 1906