Roberts v. Geis
New York Court of Common Pleas
This action was brought to compel a specific performance of an agreement entered into by the defendants to purchase, and take an assignment of, a leasé of certain premises of which the plaintiff was the lessee. The agreement provided that the defendants should take the lease, subject to the conditions and restrictions contained in it.
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This action was brought to compel a specific performance of an agreement entered into by the defendants to purchase, and take an assignment of, a leasé of certain premises of which the plaintiff was the lessee. The agreement provided that the defendants should take the lease, subject to the conditions and restrictions contained in it. One of the conditions contained in the lease was that if the lessee should sell or assign the lease, the landlord might, at his option, terminate the lease and re-enter. There was no pretense of bad faith on the part of the plaintiff, or that the condition was…
1Opinion of the Court
Daly, F. J.
In Mason v. Corder (7 Taunt. 9), the lease contained a covenant not to assign without the lessor’s consent *536in writing. The action was to recover damages from the defendants for the non-performance of an agreement to purchase the residue of the term of the lease, and it was held, that, to maintain the action, it was incumbent upon the plaintiff to show that he had done all that was requisite on his part, namely, that he had obtained the lessor’s consent im writing to the assignment.
In Lloyd v. Crispe (5 Taunt. 250), there was a covenant in, the original lease that the lessee should…
2Cases cited1 opinion
- Baxter v. LansingNew York Court of Chancery · 1838
3Cited by4 opinions
- Ex parte RenshawMissouri Court of Appeals · 1879
- Fisher v. SharpeNew York Court of Common Pleas · 1874
- Greene v. Barrett, Nephews & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Greene v. Barrett, Nephews & Co.New York Supreme Court · 1922