McCullough v. Cox
New York Supreme Court
Error to the New-York common pleas. The plaintiff declared in covenant for rent accrued under the following instrument, executed by the defendants, and dated March 4, 1845: “ This is to certify that we have hired and taken, from William McCullough and Hiland B. Weeks, the house and store at the corner of Fourth Avenue and Twenty-fifth-street.
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Error to the New-York common pleas. The plaintiff declared in covenant for rent accrued under the following instrument, executed by the defendants, and dated March 4, 1845: “ This is to certify that we have hired and taken, from William McCullough and Hiland B. Weeks, the house and store at the corner of Fourth Avenue and Twenty-fifth-street. The store to be fitted up at the expense of the owners, for a genteel grocery, and to be ready for occupancy, by the first of April next, and the house to be completed by the first of May. The Croton water is to be introduced at the expense of the…
1Opinion of the CourtEdwards, J.
The declaration in this case, is in the usual form which has been adopted in actions of covenant broken, for the recovery of damages for the non-payment of rent; and it is not defective, either in substance or in form. If there was a condition precedent contained in the lease, which is not recited in the declaration, the defendants, if they wished to take advantage of such defect, should have craved oyer of the lease, and demurred for a variance; or they should have objected to the introduction of the lease in evidence, under their plea of non est factum. (2 Saund. 366, n. 1. 1 Chit. Pl.…
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- Medart Pulley Co. v. Dubuque Turbine & Roller Mill Co.Supreme Court of Iowa · 1903
- Lilley v. RandallSupreme Court of Colorado · 1877
- Central Appalachian Co. v. BuchananCourt of Appeals for the Sixth Circuit · 1896
- Secor v. LawThe Superior Court of New York City · 1862
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