Folts v. Huntley
New York Supreme Court
Error from the Onondaga common pleas. Folts sued Huntley in a justice’s court, and declared in covenant on certain articles of agreement, bearing date 7th June, 1814, executed under seal by the parties, which, after reciting that Huntley, for the benefit of a saw-mill erected by him, had diverted the water of the Limestone creek, along the bank thereof, on the land of Folts, proceeded as follows: “ Now therefore, in consideration and upon condition of the payment of the rent…
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Error from the Onondaga common pleas. Folts sued Huntley in a justice’s court, and declared in covenant on certain articles of agreement, bearing date 7th June, 1814, executed under seal by the parties, which, after reciting that Huntley, for the benefit of a saw-mill erected by him, had diverted the water of the Limestone creek, along the bank thereof, on the land of Folts, proceeded as follows: “ Now therefore, in consideration and upon condition of the payment of the rent hereinafter mentioned, on (the part of) the said Huntley, (to be paid,) the said George Folts doth hereby for himself,…
1Opinion of the Court
By the Court
Nelson, J.
The first question in this case is whether the defendant could avoid the lease by refusing to fulfil the convenants ; or, in other words, whether the performance of the convenants were at his option. The intention of the parties, to be gathered from a view of the whole agreement, the criterion by which to give a construction to any part, giving effect, if consistent and reasonable, to the whole ; 1 Selw. 339 ; and if there be any ambiguity, such construction must prevail as is most strong against the covenantor, for he might have expressed himself more clearly. The…
2Cases cited1 opinion
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
3Cited by23 opinions
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- Bowyer v. SeymourWest Virginia Supreme Court · 1878
- Yee Hop v. Young Sak ChoHawaii Supreme Court · 1920
- Effinger v. LewisSupreme Court of Pennsylvania · 1859
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