Ganson v. . Tifft
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought for an alleged breach of a covenant to rebuild contained in a lease.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought for an alleged breach of a covenant to rebuild contained in a lease. On the tenth day of April, 1862, John S. Gannon, the plaintiff’s testator, leased of the defendant the undivided half of certain premises in the city of Buffalo, for the period of twelve years, from August 1st, 1866, and agreed to pay as a rental the annual sum of $4,000. Defendant covenanted to erect thereon a warehouse and elevator, and…
1Opinion of the CourtMiller, J.
It is not apparent that the leases to Mms, Clark and Holt, or the acts of the parties under them, establish an agreement between Tifft and Ganson, to the effect that the covenant to rebuild in the original lease should be abandoned, and that the provisions as to rebuilding contained in the new leases should be substituted-in its place.
No new relations were created by the last-mentioned lease, which relieved the defendant from the effect of the covenant to rebuild ; nor did the lease to Nims, Clark and Holt contain provisions in regard to Tifft’s obligations, in case of the burning of the…
2Cases cited2 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Collins v. . HasbrouckNew York Court of Appeals · 1874
3Cited by18 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
- St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
- Herzig v. BlumenkrohnAppellate Division of the Supreme Court of the State of New York · 1907
- Indian Refining Co. v. Mary G. RobertsIndiana Court of Appeals · 1932
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