Allen v. Pell
New York Supreme Court
Eekoe from the New-York common pleas. Allen took a lease of Pell of a house in the city of New-York for one year from 1st of May, 1825, at a rent of $200, to be paid quarterly ; the rent of the first quárter not to commence until the 15th of May, in consideration that the house might not be quite finished.
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Eekoe from the New-York common pleas. Allen took a lease of Pell of a house in the city of New-York for one year from 1st of May, 1825, at a rent of $200, to be paid quarterly ; the rent of the first quárter not to commence until the 15th of May, in consideration that the house might not be quite finished. Allen entered into possession about the 1st of J une; the. house was not then finished; the cliimneys were not completed; the hearths were laid and plastering done, and the door and stoop were finished after he entered. He paid the three last quarter’s rent, but refused to pay the first…
1Opinion of the Court
By the Court,
Sutherland, J.
The evidence offered by the plaintiff to shew that Mr. Pell had not complied with his agreement in finishing the house by the time stipulated, and that the premises were out of repair, was properly rejected by the judge. He ruled correctly, that if the plaintiff actually took possession of and occupied the house it was no excuse for the non-payment of rent that the house was out of repair, or that the defendant had not complied with his agreement; his remedy is by action for the breach of the agreement. The fact of talcing possession under a contract or lease…
2Cited by9 opinions
- Etheridge v. OsbornNew York Supreme Court · 1834
- Moore v. MansfieldMassachusetts Supreme Judicial Court · 1902
- Nichols v. Dusenbury & BaileyNew York Court of Appeals · 1849
- Cox v. CryderAppellate Division of the Supreme Court of the State of New York · 1915
- Cheuvront v. BeeWest Virginia Supreme Court · 1897
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