Bedell v. Edgett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James W. Edgett and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 9th day of October, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the said defendants’, demurrer to the complaint.
1Opinion of the Court
Jenks, J.:
The appeal is from an interlocutory judgment overruling the defendants’ demurrer that the complaint does not state facts sufficient to constitute a cause of action. The action is to compel the defendants to execute and to deliver a lease in accord with a covenant in a lease between the parties, providing for a lease of an additional part of the premises. I think that the plaintiffs do not plead the existenée of the condition precedent to the covenant to offer to them the smaller shop for rent. The condition is, “ In case the smaller store" of said premises now occupied by a dealer…
2Cases cited6 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Benton v. . WickwireNew York Court of Appeals · 1873
- Pressman v. MooneyAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sandberg v. ReillyAppellate Division of the Supreme Court of the State of New York · 1928
- Ocean Fifth Realty Corp. v. SternCity of New York Municipal Court · 1951
- Blank v. BuehrCity of New York Municipal Court · 1960
- Howard v. RoncarelliCity of New York Municipal Court · 1950
- I. H. P. Corp. v. 210 Central Park South Corp.New York Supreme Court · 1961
1 more not listed; retrieve them via the Exa API.