Appleton v. . Marx
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,' entered January 17, 1907, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,' entered January 17, 1907, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s right of action for damages for breach of the covenant to repair having vested irrespective of the lease to the Waterman Com¡3any, it was immaterial whether plaintiffs or their new tenants paid for the repairs. The new lease was res inter alios aeta. (Joyner v. Weeks, L. R. [2 Q. B.…
1Opinion of the CourtWillard Bartlett, J.
This action was brought by the plaintiffs as landlords against the defendant as tenant to recover a balance of rent claimed to be due under the lease and damages for an alleged breach of a covenant to keep the demised premises in repair. The claim for rent was practically undisputed ; and the principal matters litigated u pon the trial before the referee- were (1) the claim for damages arising out of the alleged breach- of the covenant to repair, and (2) the defendant’s counterclaim to the effect that he was induced to enter into the lease by means of false and fraudulent representations. The…
2Cases cited2 opinions
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- Cawley v. JeanMassachusetts Supreme Judicial Court · 1914
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