Melick v. Benedict
Supreme Court of New Jersey
On error to the Circuit Court of Essex county. On July 1st, 1877, one Grace Smith let and rented to the plaintiff, Peter M. Melick, by lease in writing, under their hands and seals, the land and premises No. 199 Plane street, in the city of Newark, to be used for a coal-yard, for the term of one year, the plaintiff agreeing to pay the said Grace Smith, as rent for the same, the sum of $750, in quarterly instalments, at the expiration of each quarter, “ and the further sum of…
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On error to the Circuit Court of Essex county. On July 1st, 1877, one Grace Smith let and rented to the plaintiff, Peter M. Melick, by lease in writing, under their hands and seals, the land and premises No. 199 Plane street, in the city of Newark, to be used for a coal-yard, for the term of one year, the plaintiff agreeing to pay the said Grace Smith, as rent for the same, the sum of $750, in quarterly instalments, at the expiration of each quarter, “ and the further sum of one-lialf the profits arising from the business and occupation of buying, selling and delivering coal from said…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The reason given for overruling the evidence offered was that the rent reserved of one-half of the profits of the business was uncertain, requiring an account to be taken by both parties before it could be ascertained, and therefore a landlord’s warrant of distress could not be issued for it. To entitle a person to distrain for non-payment of money, it must be due under a demise, and for a rent fixed and certain in its nature. It is a maxim in law that no distress can be taken *427for any services that are not put into certainty nor can be…
2Cases cited4 opinions
- Fry v. JonesSupreme Court of Pennsylvania · 1829
- Valentine v. JacksonNew York Supreme Court · 1832
- Smith v. ColsonNew York Supreme Court · 1813
- Brooks v. CunninghamMississippi Supreme Court · 1873