Muller v. Beck
Supreme Court of New Jersey
On appeal from the East Orange District Court. The plaintiff seeks to recover rent under the terms of a written lea'se running from March 1st, 1917, to March 1st, 1920. The lease contained the usual covenant that the lessee would not relet or underlet the whole or any part of the premises, nor assign the lease, without the written consent of the lessor, and the usual option to the lessor to re-enter and relet the premises if they became vacant or deserted during the term.
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On appeal from the East Orange District Court. The plaintiff seeks to recover rent under the terms of a written lea'se running from March 1st, 1917, to March 1st, 1920. The lease contained the usual covenant that the lessee would not relet or underlet the whole or any part of the premises, nor assign the lease, without the written consent of the lessor, and the usual option to the lessor to re-enter and relet the premises if they became vacant or deserted during the term. The defendants vacated the premises before August 1st, 1919, and left the key with the plaintiff. The defendants procured…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
There is some conflict in the authorities, and we are embarrassed by a remark in the opinion of this court in Zabriskie v. Sullivan, 80 N. J. L. 673, 675. The opinion says: “The premises having been vacated by the tenant, it became the duty of the landlord to rent them in diminution of the damages of the tenant.” That the remark is purely obiter is shown by the facts (1) that no question of diminution of damages was raised; judgment was rendered for the full amount of the rent claimed by the landlord, and affirmed by this court; and (2) that…
2Cited by10 opinions
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- Jacobs v. KlawansCourt of Appeals of Maryland · 1961
- Heckel v. GrieseSupreme Court of New Jersey · 1934
- Heyman v. Linwood ParkNew Jersey Superior Court Appellate Division · 1956
- Enoch C. Richards Co. v. LibbySupreme Judicial Court of Maine · 1940
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