Macdonough v. Hayman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Al. Hayman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of October, 1897, denying the defendant’s motion for a further bill of particulars.
1Opinion of the Court
Barrett, J.:
This action is for the breach of a .covenant in the lease of a theatre in San Francisco. The plaintiffs are the lessors, and the defendant the lessee. The premises are known as the “ California Hotel and Theater Building.” The hotel and theatre are in one. building, and are mutually dependent. The plaintiffs conduct the hotel; the defendant the theatre. One of the defendant’s covenants is to maintain the theatre during the term of the lease, and *576to keep the same open and in use as a strictly first-class theatre, and to produce only such attractions las might properly be played at…
2Cited by2 opinions
- Dietz v. LeberAppellate Division of the Supreme Court of the State of New York · 1898
- Dietz v. LeberAppellate Division of the Supreme Court of the State of New York · 1898