Mausert v. Feigenspan
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Emery, who filed the following opinion and memorandum: In this case both complainant and 'defendant agree that complainant is entitled to the specific performance of the contract between them, dated May 20th, 1902, in relation to the execution of a lease, and as to the lease itself the case is one for the settlement of the terms or conditions to be inserted in the lease.
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On appeal from a decree of the court of chancery advised by Vice-Chancellor Emery, who filed the following opinion and memorandum: In this case both complainant and 'defendant agree that complainant is entitled to the specific performance of the contract between them, dated May 20th, 1902, in relation to the execution of a lease, and as to the lease itself the case is one for the settlement of the terms or conditions to be inserted in the lease. Two disputes arise in reference to these terms — first, whether the defendant is entitled to insert a clause against assignment or subletting without…
1Opinion of the Court
The opinion of the court was delivered by
Gummere, Chief-Justice.
By a formal agreement under seal, entered into by the parties to this litigation on May 20th, 1902, the respondent (a brewing company) contracted to lease to the appellant certain premises in the city of Newark, and to expend tire sum of $2,500 — and $1,000 more, if necessary — in fitting them up‘ for use as a beer saloon by him. He agreed, on his part, among other things, to *677use and sell only the goods manufactured and sold by the respondent company, or imported from outside the United States, and also to give to it a chattel…
2Cited by14 opinions
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- Parks v. Midland Ford Tractor CompanyMissouri Court of Appeals · 1967
- Iback v. Elevator Supplies Co., Inc.New Jersey Court of Chancery · 1935
- K.S.S. Realty Co. v. OstroffNew Jersey Court of Chancery · 1927
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