Duffield v. Whitlock
New York Supreme Court
A PPEAL from Chancery. On the 1st day of June, 1814, the appellants, or those whom they represent) executed a lease to one N. Howland of a tract of land in Brooklyn, on which a new rope-walk had recently been built by Howland, under a previous agreement for the ¡ease, for the term of twenty years, at an annual rent of $152.50. The lease contained a mutual covenant that the building then erected or to be erected by the lessee, and which should be standing and being on the…
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A PPEAL from Chancery. On the 1st day of June, 1814, the appellants, or those whom they represent) executed a lease to one N. Howland of a tract of land in Brooklyn, on which a new rope-walk had recently been built by Howland, under a previous agreement for the ¡ease, for the term of twenty years, at an annual rent of $152.50. The lease contained a mutual covenant that the building then erected or to be erected by the lessee, and which should be standing and being on the demised premises at the expiration of the term, should be appraised by three indifferent persons: one to be chosen by the…
1Opinion of the Court
After advisement, the following opinion was delivered:
By the Chief Justice.
The bill was filed by the respondent to compel either the renewal of a lease of a certain rope-walk in the city of Brooklyn, given by the appellants in June, 1814, for a further term of twenty years, or payment of the appraised value of the buildings and improvements which the tenants had erected upon the demised premises, agreeably to the stipulations of a covenant contained in the lease. The case turns upon the true construction of the covenant.
The Assistant Vice-Chancellor before whom the case was first heard, came…
2Cited by7 opinions
- Kelso v. KellyNew York Court of Common Pleas · 1860
- Park v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1902
- Bamman v. BinzenNew York Supreme Court · 1892
- Domestic Telegraph & Telephone Co. v. Metropolitan Telephone & Telegraph Co.New Jersey Court of Chancery · 1884
- Moran v. WellingtonNew York Supreme Court · 1917
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