Fruhauf v. . Bendheim
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was to recover $1,000 paid by Jacob L. Fruhauf to the defendant upon a contract between them whereby the defendant agreed to convey to said Fruhauf by warranty deed certain real estate on Eighth avenue in the city of Few York, and also to recover damages for the breach of said contract. The deed was to have been delivered on August 3, 1886, and on August…
1Opinion of the CourtBeowh, J.
The covenant of renewal contained in Tibken’s lease was one which ran with the land and was enforceable against the grantee of the lessor and constituted an encumbrance which justified the purchaser in refusing to take the title under the contract.
The argument that the term “ existing tenancies ” covered the Tibken lease cannot prevail in the face of the particular' specification in the contract of that lease as expiring on Hay 1, 1889.
The case does not disclose what was intended to be covered by the expression “ existing tenancies,” but inasmuch as Tibken was the lessee of the store floor of…
2Cases cited1 opinion
- Savage v. . O'NeilNew York Court of Appeals · 1871
3Cited by12 opinions
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- F & F Restaurant Corp. v. Wells, Goode & Benefit, Ltd.New York Court of Appeals · 1984
- Segal v. KulchAppellate Division of the Supreme Court of the State of New York · 1961
- Sommer v. EhrgottAppellate Division of the Supreme Court of the State of New York · 1920
- West 72nd Street Realty Corp. v. Yeshiva Chofetz Chaim of Radun Rabbinical Institute, Inc.New York Supreme Court · 1954
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