Thorley v. Pabst Brewing Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action by the Pabst Brewing Company against Charles Thorley to recover damages for an alleged breach of a covenant of quiet enjoyment contained in a lease of certain premises in the city of New York. In the opinion following the parties are designated as in the Circuit Court.
1Opinion of the Court
NOYES, Circuit Judge.
The principal contentions of the defendant, based upon his assignments of error, are that the trial court erred:(1) In refusing to submit to the jury the question of the ambiguity in the lease.(2) In excluding testimony tending to show the intention of the parties in executing the lease.(3) In charging that the plaintiff was entitled to recover as damages the difference between the rent resérved and the value of the lease for the remainder of the term, together with the value of the improvements.
We have carefully considered the first two contentions of the defendant and…
2Cases cited13 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Mack v. . PatchinNew York Court of Appeals · 1870
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Margraf v. . MuirNew York Court of Appeals · 1874
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