Legal Opinion

Cleveland v. Wilder

New York Supreme Court

Decided June 20, 1894Published

Appeal from special term, Wyoming county. Action by Uriah. Cleveland against Joseph Wilder to recover damages for breach of the covenants of a lease. From the order denying plaintiff’s motion to vacate a judgment in favor of defendant for costs, and for a relaxation of costs, plaintiff appeals.

1Opinion of the CourtLewis, J.

It was alleged in the complaint that the plaintiff was on the 11th day of Aprü, 1890, the owner in fee simple of a farm in the county of Wyoming, and that on said day he and the defendant entered into an instrument in writing under their hands and seals, being a lease of said farm by the plaintiff to the defendant. The lease is set out in full in the complaint. It provides that in consideration of the rents, covenants, and agreements mentioned and reserved therein, the plaintiff leases the farm to the defendant for the term of one year from the 1st day of April, 1890, for the annual rent of…

2Cases cited2 opinions

  1. Rathbone v. . McConnellNew York Court of Appeals · 1860
  2. Bailey v. DaiglerNew York Supreme Court · 1889

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