Blumenthal v. . Bloomingdale
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 28, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged breach of an agreement. The defendants, as copartners in business, occupy the premises Nos. 926 and 928 Third avenue, New York city.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 28, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged breach of an agreement. The defendants, as copartners in business, occupy the premises Nos. 926 and 928 Third avenue, New York city. In December, 1878, they leased the basement of the building to the plaintiff for four years and seven months, at a rental expressed. It was provided by the lease that the defendants might make such…
1Opinion of the CourtFinch, J.
The defendants’ motion for a dismissal of the complaint, and their request to charge that the agreement sued upon was invalid, so far as the contention was-founded upon the statute of frauds, appear to us to have been properly refused. The plaintiff had a written lease of the basement which included an entrance by a staircase to be placed in the front part of defendants’ store, and which lease ran for the term of four years and seven months. There is evidence that the landlords’ covenant in this respect was broken; that they acknowledged their inability to supply the entrance contemplated by…
2Cases cited1 opinion
- Reeder v. . SayreNew York Court of Appeals · 1877
3Cited by10 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Blake v. J. Neils Lumber Co.Supreme Court of Minnesota · 1910
- Stearns v. JewelColorado Court of Appeals · 1915
- Woolen v. TaylorSupreme Court of Alabama · 1941
- Graves v. SantwayNew York Supreme Court · 1889
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