McCormick v. Stephany
New Jersey Court of Chancery
On bill for injunction, &c., affidavits, Ac., and order to show cause, Ac. August Stephany was in his lifetime the owner of a saloon property in Atlantic City, known as the “ Extra Dry.” By a written lease under seal of both parties, dated June, 1897, he demised this property to one George McCormick, who entered into possession.
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On bill for injunction, &c., affidavits, Ac., and order to show cause, Ac. August Stephany was in his lifetime the owner of a saloon property in Atlantic City, known as the “ Extra Dry.” By a written lease under seal of both parties, dated June, 1897, he demised this property to one George McCormick, who entered into possession. There were in the lease, covenants not to assign, nor underlet, nor to use for any other purpose than a saloon and dwelling, Ac., with a further agreement in these words: “And it is further agreed by and between the above parties that in case the said party of the…
1Opinion of the Court
Grey, V. C.
This case is before me upon the coming in of the order to show cause whether an injunction should not issue restraining the defendants from enforcing their distraint for rent, and from interfering with the complainant’s possession of the demised premises and of the goods seized under the distraint. The complainant’s defence to the distraint is based solely upon her claim that by the terms of the lease she is entitled to exercise an option to purchase; that she has done this, and that the defendants, who hold the legal title, are bound to convey to her, and therefore may not…
2Cases cited1 opinion
- In re FlynnNew Jersey Court of Chancery · 1917
3Cited by15 opinions
- Weil v. Ann Lewis Shops, Inc.Court of Appeals of Texas · 1955
- Taylor v. MathewsSupreme Court of Florida · 1907
- Ring v. LundSupreme Court of Iowa · 1906
- Braten v. BakerWyoming Supreme Court · 1958
- Posner v. Air Brakes Equipment Corp.New Jersey Superior Court Appellate Division · 1948
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