Lack v. Wyckoff
City of New York Municipal Court
Appeal from judgment entered upon a direction of the court in favor of plaintiff. This is an action on a lease for a balance of rent. The defendant testified that before signing the lease, the plaintiff represented the premises to be in first class order, and that defendant could rely on his word that the house was perfectly tenantable, which the defendant believed. That these representations were soon discovered to be untrue.
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Appeal from judgment entered upon a direction of the court in favor of plaintiff. This is an action on a lease for a balance of rent. The defendant testified that before signing the lease, the plaintiff represented the premises to be in first class order, and that defendant could rely on his word that the house was perfectly tenantable, which the defendant believed. That these representations were soon discovered to be untrue. That the roof leaked, the house was overrun with vermin, such as large cockroaches, and the kitchen range was out of order, and the sewer pipes were clogged or choked…
1Opinion of the CourtNehrbas, J.
—The ordinary rule of law applicable in cases where contracts are sought to be avoided on the ground of fraud, undoubtedly is, that the party asking for the avoidaiieo must rescind the contract and place his adversary in the same position as he was before entering into the agreement. Harris v. Equitable Life Ass. Soc., 3 Hun, 724, affi'd 64 N. Y., 196; Bowen v. Mandeville, 95 N. Y., 237. But, in many cases, such as in actions upon policies of life insurance, contracts for the sale of real estate, etc., a rescission is not necessary, but a recovery may be had for damages occasioned by the…
2Cases cited7 opinions
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Harris v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1876
- Bradley v. De GoicouriaNew York Court of Common Pleas · 1884
- Wilkinson v. ClausonSupreme Court of Minnesota · 1882
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