Beach v. . Nixon
New York Court of Appeals
The lease upon which the question in this case arises contains the following clause: “ The above lease is upon the following conditions, all and every of which the party of the second part covenants with the party of the first part to perform and keepthen follow certain-conditions specified under five separate heads, of which the second, the only one material here, is: “ that he (the lessee) will not use the premises nor permit any part thereof to be used for any business or…
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The lease upon which the question in this case arises contains the following clause: “ The above lease is upon the following conditions, all and every of which the party of the second part covenants with the party of the first part to perform and keepthen follow certain-conditions specified under five separate heads, of which the second, the only one material here, is: “ that he (the lessee) will not use the premises nor permit any part thereof to be used for any business or purpose deemed extra hazardous, without written consent by the lessor.” After stating the conditions, this clause…
1Opinion of the CourtJohnson, J.
The appellant’s case is subject to a fatal objection in this, that- the provision in the lease upon which he has proceeded creates a condition merely, and not a conditional limitation. The lessor upon breach is not to be in immediately of his former estate, but at his option the hiring and the relation of landlord and tenant are to cease, and are of course to continue until he shall otherwise elect. “ Where an estate is so expressly limited by the words of its creation that it cannot endure for any longer time than until the contingency happens upon which the estate is to fail, this is a…
2Cases cited1 opinion
- Oakley v. SchoonmakerNew York Supreme Court · 1836
3Cited by58 opinions
- Perrotta v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Norman S. Riesenfeld, Inc. v. R-W Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
- In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
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