Feigenspan v. Popowska
New Jersey Court of Chancery
Bill for specific performance of covenant to renew lease. On motion for an injunction to restrain dispossession proceedings at law and counter motion under rule 213 to dismiss bill.
1Opinion of the Court
Stevenson, Y. C.
1. It has not been insisted on behalf of the defendant that the lease was not effectually assigned to the complainant. The lease is expressly made assignable upon condition that “proper and sufficient security for rent-is given to the party of the first part.” Although the bill does not set forth that rent was accepted from the complainant by the original lessor, Freund, or by the defendant, Popowska, the present owner of the reversion under deed from Freund, the inference seems almost unavoidable that either security for rent was given and accepted, or that the right to…
2Cases cited1 opinion
- Kollock v. ScribnerWisconsin Supreme Court · 1897
3Cited by6 opinions
- Schnakenberg v. Gibraltar Savings and Loan Ass'nNew Jersey Superior Court Appellate Division · 1955
- Brower v. Glen Wild Lake Co.New Jersey Superior Court Appellate Division · 1965
- Baker v. ColemanSupreme Court of Florida · 1948
- Gould v. HarleyMichigan Supreme Court · 1921
- Kalicki v. BellNew Jersey Superior Court Appellate Division · 1964
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