Silver Rod Stores, Inc. v. Bernstein

The opinion of the court was delivered by

Bodine, J.

The plaintiff sued for the rent reserved in a written lease covering premises in Newark. The defendant counter-claimed seeking damages for the breach of a covenant contained in the lease. The plaintiff had judgment for the rent reserved during actual occupancy, and the defendant prevailed upon its counter-claim recovering the earned interest upon moneys deposited as security for rent and damages for the breach of the covenant.

The covenant was contained in the twenty-eighth paragraph of the lease as follows: “The landlord agrees that it will…