Hill v. Prior
Supreme Court of New Hampshire
Bill in Equity, for specific performance of a clause in a lease of .real estate by the defendant’s ancestor in title to the plaintiff, dated January 30, 1903, for the term of fifteen years from date. The clause referred to contains the following provision: “The lessor agrees to give the lessee the first right to a further lease for a term not exceeding ten years after the expiration of this lease.”
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Bill in Equity, for specific performance of a clause in a lease of .real estate by the defendant’s ancestor in title to the plaintiff, dated January 30, 1903, for the term of fifteen years from date. The clause referred to contains the following provision: “The lessor agrees to give the lessee the first right to a further lease for a term not exceeding ten years after the expiration of this lease.” The question whether a decree for the plaintiff could be granted was transferred by Allen, J., without a ruling, from the March term, 1918, of the superior court.
1Opinion of the CourtWalker, J.
The plaintiff’s right to a renewal of the lease depends upon the construction given to the contract, by which the lessor agreed to give her “the first right to a further lease” at the expiration of the first lease. The plaintiff claims that under the contract she became entitled to demand and to receive from the lessor a second lease, when the first term ended, upon the ground that the right thus acquired is an absolute one imposing upon the lessor the duty of compliance, and that in the event of non-compliance a case is presented for the intervention of equity by specific performance. Upon…
2Cases cited4 opinions
- Schroeder v. GemeinderNevada Supreme Court · 1875
- Holloway v. SchmidtAppellate Terms of the Supreme Court of New York · 1900
- Buckmaster v. . ThompsonNew York Court of Appeals · 1867
- Walsh v. Fort Schuyler Brewing Co., New York County Courts1914
3Cited by7 opinions
- Laevin v. St. Vincent De Paul Society of Grand RapidsMichigan Supreme Court · 1949
- Buddenberg v. WelchIndiana Court of Appeals · 1933
- Diettrich v. J. J. Newberry Co.Washington Supreme Court · 1933
- Falkenstein v. PopperCalifornia Court of Appeal · 1947
- Hacquard v. SweetwineWest Virginia Supreme Court · 1923
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