Hackett v. . Richards
New York Court of Appeals
The plaintiff demised to one Abbott certain premises in the city of New-York, from the 1st day of May, 1852, until the 1st day of May, 1853, at a rent of $500, for the year payable quarterly, and the lessee was to pay the water tax. The lease contained covenants, by which Abbott, the tenant, agreed to pay the rent, the Croton water tax, to keep the premises in repair, and do sundry other things.
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The plaintiff demised to one Abbott certain premises in the city of New-York, from the 1st day of May, 1852, until the 1st day of May, 1853, at a rent of $500, for the year payable quarterly, and the lessee was to pay the water tax. The lease contained covenants, by which Abbott, the tenant, agreed to pay the rent, the Croton water tax, to keep the premises in repair, and do sundry other things. It also contained the following covenant on the part of the lessee: “ And it is further agreed, that if default shall be made in the payment of the rent, or any part thereof, or in the performance of…
1Opinion of the CourtDenio, J.
If it were not for the special provision in the lease, the reentry by the plaintiff would have put an end to the covenant of the lessee to pay rent. The parties were aware that this would be the legal consequence of a reentry. and they undertook to make a conventional arrangement which would place them on a different footing. This court held, in the case of Gould v. Hall (ante 127) that such a provision in a lease was valid and enforceable after reentry by the lessor. The plaintiff, by the terms of this lease, was to act as the agent of the lessee in again leasing the premises, and the latter…
2Cited by8 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Michaels v. FishelAppellate Division of the Supreme Court of the State of New York · 1900
- Baldwin v. ThibaudeauNew York Court of Common Pleas · 1892
- Bedford Myrtle Corp. v. MartinNew York Supreme Court · 1960
- Building Supervision Corp. v. SkolinskyCivil Court of the City of New York · 1966
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