Mack v. . Patchin
New York Court of Appeals
Appeal from a judgment entered on the decision of the General Term of the Superior Court of Buffalo, upon exceptions heard in the first instance at General Term, ordering judgment upon a verdict for the plaintiff. The action was brought to recover damages for an alleged breach of a covenant for quiet enjoyment. The defendant leased to the plaintiff, for the term of six years, a certain warehouse in the city of Buffalo.
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Appeal from a judgment entered on the decision of the General Term of the Superior Court of Buffalo, upon exceptions heard in the first instance at General Term, ordering judgment upon a verdict for the plaintiff. The action was brought to recover damages for an alleged breach of a covenant for quiet enjoyment. The defendant leased to the plaintiff, for the term of six years, a certain warehouse in the city of Buffalo. When the lease ivas executed, the defendant was owner of the demised premises in fee, but subject to certain mortgages then a lien upon them. These mortgages were subsequently…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The law is too well settled to be doubted or shaken, that a lease like the one under consideration contains an implied covenant for quiet enjoyment. This covenant having been broken in this case, the plaintiff was entitled to recover, and the only serious question is as to the measure of damages.
The measure of damages, in an action against the vendor for breach of a contract for the sale of personal property, is the difference between the contract and the market…
2Cases cited7 opinions
- Driggs v. DwightNew York Supreme Court · 1837
- Conger v. . WeaverNew York Court of Appeals · 1859
- Bush v. . ColeNew York Court of Appeals · 1863
- Grant v. . TallmanNew York Court of Appeals · 1859
- Brinckerhoff v. PhelpsNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Margraf v. . MuirNew York Court of Appeals · 1874
- Randall-Smith, Inc. v. 43rd Street Estates Corp.New York Court of Appeals · 1966
- Koeber v. SomersWisconsin Supreme Court · 1901
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
63 more not listed; retrieve them via the Exa API.