Rutgers v. Hunter
New York Court of Chancery
THE plaintiff being owner of a lot of ground, at the corner of Rutger and Cherry-streets, in the city of Mew-York, leased it, on the first of May, 1799, to the defendant, for 2.4 years, at the yearly rent of forty-five pdimds, (112 dollars and 50 cents,) payable quarterly, with all the taxes, fce.
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THE plaintiff being owner of a lot of ground, at the corner of Rutger and Cherry-streets, in the city of Mew-York, leased it, on the first of May, 1799, to the defendant, for 2.4 years, at the yearly rent of forty-five pdimds, (112 dollars and 50 cents,) payable quarterly, with all the taxes, fce. The defendant covenanted to build, within two years of the date of the lease, a good brick dwelling house on the lot; and further, that “ at the expiration of the term aforesaid, such house, or other buildings and improvements, which he, the said W. H., his, &c. shall or may, at any time during the…
1Opinion of the Court
The Chancellor.
By the lease of 1799, the plaintiff had his election either to pay for the buildings and improvements at the valuation, or renew the lease, or redemise the lot, at such rent, and upon such terms, as the parties might agree on.
He elected to renew the lease ; and, on the day of the expiration of the lease, he tendered another lease for the lot, for the same term and rent as in the former lease; but the defendant refused to accept that or any other lease, or agree to any terms of another lease, and insisted on being paid the value of his improvements, under the covenant in the…
2Cited by19 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Burns v. . City of New YorkNew York Court of Appeals · 1915
- Syms v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Orton v. NoonanWisconsin Supreme Court · 1870
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