Emery v. Hill
Supreme Court of New Hampshire
Bill in Equity. January 15, 1885, the defendants leased to the plaintiffs, as partners, under the firm name of James R. Hill & Co., a certain building in Concord for the term of six years; “ and if the said lessees shall so elect, and notify the lessors in writing of such election, three months at least before the expiration of said six years, for the further term of six years, making twelve years in all, if said election is made as aforesaid.”
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Bill in Equity. January 15, 1885, the defendants leased to the plaintiffs, as partners, under the firm name of James R. Hill & Co., a certain building in Concord for the term of six years; “ and if the said lessees shall so elect, and notify the lessors in writing of such election, three months at least before the expiration of said six years, for the further term of six years, making twelve years in all, if said election is made as aforesaid.” The lessees covenanted that they would “ not lease or underlet said premises or any portion thereof, or assign this lease or any interests therein,…
1Opinion of the Court
Per Curiam. *
In the defendants’ lease to James B. Hill & Co., it was stipulated that the lessees should “ not lease or underlet said premises or any portion thereof, or assign this lease or any interest therein, without the written consent of the lessors.” This •is a valid stipulation, inserted for the benefit of the lessors. The lessees’ ability and willingness to pay the rent promptly, and their careful use of the premises, including the reasonable preservation of the building from reckless or careless injury and from destruction from fire, furnish some of the apparent reasons for this…
2Cases cited1 opinion
- Roosevelt v. . HopkinsNew York Court of Appeals · 1865
3Cited by12 opinions
- Fletcher v. FrisbeeSupreme Court of New Hampshire · 1979
- White v. Huber Drug Co.Michigan Supreme Court · 1916
- Lincoln Furniture Co. v. BornsteinNew Jersey Court of Chancery · 1926
- In re Lindy-Friedman Clothing Co.District Court, N.D. Alabama · 1921
- Clayman v. TottenCourt of Appeals for the D.C. Circuit · 1926
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