Powell v. F. C. Linde Co.
New York Supreme Court
Action to recover installments of rent under sealed lease. Defense — fraud in misrepresenting the amount of rent reserved by a prior lease made to Dean & Co., from whom the defendant had received such prior lease.
1Opinion of the CourtMcAdam, J.
By purchasing the lease from Dean & Co., the defendant became chargeable with knowledge of its contents. Grosvenor v. Green, 28 L. J. Ch. 173; Wilson v. Hart, L. R., 1 Ch. App. 463. But assuming that the defendant can legally plead ignorance of the terms of the lease it purchased and was defrauded into making the new lease by the alleged misrepresentation as to the rental reserved by the old lease, the defendant is liable for the rent reserved by the new lease because of its failure to rescind the ° fl contract by restoring the plaintiff to the position he before occupied. There is neither…
2Cases cited5 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Pryor v. . FosterNew York Court of Appeals · 1891
- Hallahan v. WebberAppellate Division of the Supreme Court of the State of New York · 1896
- Hunt v. SingerNew York Court of Common Pleas · 1862
- La Follette v. NobleThe Superior Court of the City of New York and Buffalo · 1895