Weir v. Barker
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Miller, J.:
This is a submitted controversy in which the plaintiffs seek to compel the specific performance of an option agreement for a renewal for five years contained in a lease, for a like period executed between the parties February 14, 1900, the defendant claiming that the lease for five years with the renewal option to the lessees was in effect'a lease for more than five years, and was, therefore, void as to the renewal provision as being in violation of section 86 of the Real Property Law (Laws of 1896, chap. 547), which is as follows :
“ When trustee may lease trust property.— A…
2Cases cited11 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Losey v. . StanleyNew York Court of Appeals · 1895
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Smith v. . Rector, Etc., of St. Philip's ChurchNew York Court of Appeals · 1888
- Kelso v. KellyNew York Court of Common Pleas · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Hubbell v. HubbellSupreme Court of Iowa · 1907
- Coutts v. J. L. Kraft & Bros.New York Supreme Court · 1922
- Glenn v. BaconCalifornia Court of Appeal · 1927
- Grody v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1928
19 more not listed; retrieve them via the Exa API.