Czermak v. Wetzel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles A. Wetzel and another, from go much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 7tli day of June, 1904, upon the decision of the court rendered after a trial at the Westchester Special Term, as directs the execution by the defendants of a lease for a period longer than five years, and prohibits a covenant therein against subletting. ■
1Dissent
Jenks, J. (dissenting):
I dissent. The plaintiffs assert that the defendants verbally agreed to execute a lease of premises for ten years at $250 a year, without restriction for subletting. The defendants assert that the agreement was for five years, with a restriction for limited subletting. The court has decided for the plaintiffs and decreed a specific performance. The agreement was made in November, 1902. In December, 1902, the plaintiffs paid a deposit of twenty-five dollars *819to secure the rooms. Completion of the building was delayed by labor troubles, but in April, 1903, the plaintiffs…
2Cases cited4 opinions
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Beardsley v. . DuntleyNew York Court of Appeals · 1877
- Dunckel v. . DunckelNew York Court of Appeals · 1894
- City of New York v. HerdjeAppellate Division of the Supreme Court of the State of New York · 1902