Thornton v. Payne
New York Supreme Court
THIS was an action of covenant. The declaration contained two counts. The first count stated, that by certain articles of agreement, dated the 7th January, 1806, between the plaintiff and defendant, the defendant bargained, covenanted and agreed with the plaintiff, that he would let and hire to him a certain farm, &c. for the term of six years, from the 1st of Aprils 1807, and ending the 1st of April, 1813, on condition, and in consideration that the plaintiff should pay the…
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THIS was an action of covenant. The declaration contained two counts. The first count stated, that by certain articles of agreement, dated the 7th January, 1806, between the plaintiff and defendant, the defendant bargained, covenanted and agreed with the plaintiff, that he would let and hire to him a certain farm, &c. for the term of six years, from the 1st of Aprils 1807, and ending the 1st of April, 1813, on condition, and in consideration that the plaintiff should pay the defendant 250 dollars on the first day of April in each and every year, during the said term. There were also a variety…
1Opinion of the CourtSpencer, J.
The pleas are clearly bad, if the payment of the 250 dollars *76is to be considered as a condition, which it is not, but is. to be construed as a covenant. There was no rent due on the 1st of April, 1807. The term was for six years, from the 1st of April, 1807, ending on the 1st of April, 1813, and the payment of the 250 dollars was to be on the first day of April, during the six years. Or, according to the plain sense of the agreement, here was a renting for six years, at the annual rent of 250 dollars, to be paid on the first of April, in each year. The term of six years is to be from the…
2Cited by5 opinions
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