Hexter v. . Knox
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 7 J. & S., 109.) This was an action to recover damages for alleged breaches of covenants in a lease executed by defendant as lessor.
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Appeal from judgment of the G-eneral Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 7 J. & S., 109.) This was an action to recover damages for alleged breaches of covenants in a lease executed by defendant as lessor. Defendant leased to plaintiff a hotel property in the city of Hew York, known as the “ Prescott House, ” and five stories of a new building to be erected on adjoining lots in the rear of the hotel, known as Hos. 87 and 89 Spring street, for the term of eight years from May 1, 1871. Defendant…
1Opinion of the CourtAndrews, J.
The defendant failed to perform his covenant contained in the lease of April 28, 1871, to complete the new building, which he was to erect on Eos. 97 and 99 Spring street, and to give possession to the plaintiff of the five stories above the ground floor on or before the first day of September of that year.
There was a conflict of evidence -in respect to the period after that date, during which the building remained unfinished ; but that there was a breach of the covenant to complete the building by the day designated in the covenant is undisputed. -
The judge on the trial ruled that the…
2Cited by41 opinions
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
- A. W. Banister Co. v. P. J. W. Moodie Lumber Corp.Massachusetts Supreme Judicial Court · 1934
- Schleider v. DielmanSupreme Court of Louisiana · 1892
- McCoy v. OldhamIndiana Court of Appeals · 1891
- Clenighan v. McFarlandNew York Court of Common Pleas · 1890
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