Bamman v. Binzen
New York Supreme Court
Appeal from special term, New York county. Action by Ferdinand C. Bamman against Theresia Binzen to compel the specific performance of a covenant in a lease. From a judgment dismissing the complaint, the plaintiff appeals.
1Opinion of the CourtO’Brien, J.
The action was brought to compel the specific performance of a covenant of renewal in a lease which reads as follows: “And the said party of the first part hereby covenants and agrees to and with the said party of the second part that she will, on the expiration of the term hereby granted, renew said lease, or will sell said property to the said party of the second part at its then market value.” By assignment of the lease, the plaintiff succeeded to the rights of the original lessee, as did the defendant, by virtue of a conveyance from his executors to those of the original lessor. So that…
Also in this document: Concurrence.
2Cases cited8 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Kelso v. KellyNew York Court of Common Pleas · 1860
- Rutgers v. HunterNew York Court of Chancery · 1822
- De Ridder v. M'KnightNew York Supreme Court · 1816
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3Cited by5 opinions
- Ocean Fifth Realty Corp. v. SternCity of New York Municipal Court · 1951
- Sisson Realty Corp. v. MathewsNew York Supreme Court · 1928
- Niederstein v. CusickAppellate Division of the Supreme Court of the State of New York · 1903
- Simon v. SchmittCity of New York Municipal Court · 1909
- Keser v. JarvisCourt of Appeals of Kentucky (pre-1976) · 1930