Johnson v. Conger
New York Supreme Court
Appeal from an order granting an injunction. This action was brought by Jeremiah W. Johnson against Abraham B. Conger and Mary R. Conger, his wife, to obtain the specific performance of a covenant to execute a renewal of a lease. The plaintiff was the lessee of the premises No. 25 Catharinestreet, in the city of New York, under a lease with covenants of renewal, and this action was brought to compel the defendants to execute a renewal lease and for an injunction.
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Appeal from an order granting an injunction. This action was brought by Jeremiah W. Johnson against Abraham B. Conger and Mary R. Conger, his wife, to obtain the specific performance of a covenant to execute a renewal of a lease. The plaintiff was the lessee of the premises No. 25 Catharinestreet, in the city of New York, under a lease with covenants of renewal, and this action was brought to compel the defendants to execute a renewal lease and for an injunction. One Henry Rutgers, on the 2d day of February, 1818, made a lease of the premises in question to the plaintiff, from the 1st day of…
1Opinion of the Court
By the Court.*—Ingraham, P. J.
We are of the opinion that the lease compels a renewal, and that one party is bound to give and the other to accept such renewal. The rent, if changed, is to be fixed by arbitrators chosen by the parties, and no notice was necessary from the lessee before the expiration of the lease.
We think a court of equity can compel the parties to perform this covenant of renewal. If the landlord declines to name an arbitrator on his part, the same can be ascertained by the court, or the lease renewed at the old rent.
What was said in Greason a. Keteltas (17 N. Y., 491) was…
2Cases cited1 opinion
- Greason v. . KeteltasNew York Court of Appeals · 1858
3Cited by4 opinions
- Weir v. BarkerAppellate Division of the Supreme Court of the State of New York · 1905
- Lingeman v. ShirkIndiana Court of Appeals · 1896
- Van Beuren v. WotherspoonAppellate Division of the Supreme Court of the State of New York · 1896
- Chicago M. & St. P. Ry. Co. v. StewartU.S. Circuit Court for the District of Minnesota · 1883