Van Rensselaer's Executors v. Jewett
New York Supreme Court
Covenant for rent on a lease in fee, dated 8th December, 1813, executed by Stephen Van Rensselaer, since deceased, to William Davis, for 188T37 acres of land in Guilderland, tried at the Albany circuit in October, 1844, before Parker, Cir. J. The lease was produced and proved.
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Covenant for rent on a lease in fee, dated 8th December, 1813, executed by Stephen Van Rensselaer, since deceased, to William Davis, for 188T37 acres of land in Guilderland, tried at the Albany circuit in October, 1844, before Parker, Cir. J. The lease was produced and proved. It reserved “ the yearly rent of eighteen bushels and three-fourths of a bushel of good, clean, merchantable, winter wheat, and four fat hens, to be delivered at the now mansion house of the said Stephen Van Rensselaer, in the town of Watervliet, unless specially directed by the said Stephen Van Rensselaer, his heirs,…
1Dissent
Beardsley, Ch. J. dissented.
In this case the quantity of wheat and its quality and description, with the time and place of delivery, were all specified in the lease, so that in these respects the contract was specific and certain. It was equally so as to the fowls and the service. What the lessee was bound to do annually, in return for the use of the laud demised, was therefore certain in specie, although wholly uncertain in value. This would depend upon the worth of wheat, hens and labor, on the first of February, in each year, and which, like the price of all vendible commodities, would be…
2Cases cited7 opinions
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Lush v. DruseNew York Supreme Court · 1830
- Dox v. DeyNew York Supreme Court · 1829
- Clark v. BarlowNew York Supreme Court · 1809
- Letcher v. WoodsonU.S. Circuit Court for the District of Virginia · 1811
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