Handy v. Chatfield & Hardaway
New York Supreme Court
Demurrer to declaration. The plaintiffs declared in covenant, setting forth, in the first place, an indenture of lease in ordinary form, of certain premises, reserving an annual rent of $1200, payable quarterly, and then alleging that after the making of the lease, and during the term thereby granted, it was covenanted and agreed by the defendants by an endorsement in writing made on the lease, signed and sealed by them, that in consideration that the plaintiffs had erected…
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Demurrer to declaration. The plaintiffs declared in covenant, setting forth, in the first place, an indenture of lease in ordinary form, of certain premises, reserving an annual rent of $1200, payable quarterly, and then alleging that after the making of the lease, and during the term thereby granted, it was covenanted and agreed by the defendants by an endorsement in writing made on the lease, signed and sealed by them, that in consideration that the plaintiffs had erected an additional building on the demised premises, they would pay to the plaintiffs a further rent of $524 in addition to…
1Opinion of the CourtBronson, J.
*By the Court, The count is bad for duplicity ; the [ *36 ] objection pointed out by the demurrer. The plaintiffs have, in a single count, set out two distinct contracts, and alleged a breach which goes to both. Although both of the covenants relate to nearly the same subject matter, and the plaintiffs have attempted to treat them as though they constituted but a single contract, it is impossible to deny that the count is framed upon two several deeds, and the claim is to recover damages for the breach of both of the contracts. Profert is properly made of both deeds ; and it is clear that the…
2Cited by6 opinions
- Conkey v. . HartNew York Court of Appeals · 1856
- Worsham v. StevensTexas Supreme Court · 1886
- Moore v. LetchfordTexas Supreme Court · 1872
- Conkey v. HartNew York Court of Appeals · 1856
- Deck v. WorksNew York Supreme Court · 1879
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