David Stevenson Brewing Co. v. Junction Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the David Stevenson Brewing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of July, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Scott, J.:
The evidence is by no means satisfactory that the written agreement to reduce the rent was accompanied by an oral condition which, being unfulfilled, rendered it inoperative. The *272question is not important, however, because, for other reasons, the judgment appealed from is right.
The lease was under seal, the agreement to reduce the rent was not. It is settled law that a contract or covenant under seal cannot be modified by a parol unexecuted agreement. (McKenzie v. Harrison, 120 N. Y. 260.) In this case the agreement to reduce the rent was never executed, in the sense in which that…
2Cases cited2 opinions
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- Zindler v. LevittAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by5 opinions
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- Barrett v. First Nat. Bank of Green RiverWyoming Supreme Court · 1936
- Stafford Security Co. v. KremerCity of New York Municipal Court · 1930
- Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1915