Wood v. Hubbell
New York Supreme Court
In Equity. This was an appeal from a decision ,of the late vice chancellor of the 8th circuit. The complainant, on the 8th of November, 1843, took a lease from the defendants of a tavern stand in the city of Rochester, known as the mansion house, for the term of eight years from April, 1844, at an annual rent of $1000, payable quarterly. The building was destroyed by fire in February, before the term commenced.
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In Equity. This was an appeal from a decision ,of the late vice chancellor of the 8th circuit. The complainant, on the 8th of November, 1843, took a lease from the defendants of a tavern stand in the city of Rochester, known as the mansion house, for the term of eight years from April, 1844, at an annual rent of $1000, payable quarterly. The building was destroyed by fire in February, before the term commenced. The bill alleged that before the lease was made and signed, it waa agreed between the complainant and the defendants, that it should contain a clause that in case the premises should…
1Opinion of the Court
By the Court, Johnson, P. J.
The lease, as drawn up and executed by the parties, must be presumed to contain the true agreement between them. And the presumption is very strong, and exceedingly difficult to be overcome, where, as in this instance, the instrument is drawn up in the presence of the parties and deliberately read over in their hearing, and afterwards subscribed by them without objection. It is obvious, however, that a mistake might be made under such circumstances, and some very material provision which the parties had agreed upon and intended to have inserted in the writing be…
2Cases cited1 opinion
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
3Cited by6 opinions
- Smith v. McCluskeyNew York Supreme Court · 1866
- McKechnie v. SterlingNew York Supreme Court · 1867
- Wicks v. BowmanNew York Court of Common Pleas · 1874
- Aspinwall v. BalchNew York Court of Common Pleas · 1877
- Goldman v. RosenbergNew York Court of Appeals · 1889
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