Ward v. . Kelsey
New York Court of Appeals
This was an action brought hy the lessee of a warehouse building in Brooklyn, against the lessor, to recover the expense of caulking the floors of the building, to prevent leakage from one story to another, whereby the goods in store were exposed to injury.
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This was an action brought hy the lessee of a warehouse building in Brooklyn, against the lessor, to recover the expense of caulking the floors of the building, to prevent leakage from one story to another, whereby the goods in store were exposed to injury. The lease contained the following clause: “• And the said party of the first part hereto [the lessor] hereby agrees, that he will do all necessary repairs upon said premises and pier, within a reasonable time after notice to him by the said parties of the second part requiring him to do so.” In September, 1859, the lessees gave notice that…
1Opinion of the Court
Hunt, Ch.J.
According to the decision of Myers v. Burns (35 N. Y. R. 269), the covenant in question required the Defendant not only to keep the premises in good repair, but to put them in that condition. It might well have been submitted to the jury whether, in a warehouse of the size, condition, and locality of the one in question, water-tight floors were not indispensable, and whether it was not therefore the duty of the Defendant so to complete his building.
The Judge did not, however, go the length of either of these propositions. He simply charged that it was the duty of the Defendant to…
2Cited by4 opinions
- Bushwick Realty Co. v. Sanitary Fire Proofing & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1908
- 630 McKinley Square Corp. v. Great Atlantic & Pacific Tea Co.Civil Court of the City of New York · 1967
- Hall v. RichardsonNew York Supreme Court · 1880
- White v. ThurberNew York Supreme Court · 1890