In re Hunter
New York Court of Chancery
John Hunter granted to Daniel Pearson a lease for seven years from the first day of May, 1828, of a house and lot of ground on the corner of Pearl and Collect streets, in the city of New York, at the rent of $500. The lessee covenanted in the indenture of loose that he would, before the first day oí August, 1828, erect, or cause to be erected on the said lot, a good and substantial brick house of certain dimensions, fire proof in all respects, according to the regulations…
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John Hunter granted to Daniel Pearson a lease for seven years from the first day of May, 1828, of a house and lot of ground on the corner of Pearl and Collect streets, in the city of New York, at the rent of $500. The lessee covenanted in the indenture of loose that he would, before the first day oí August, 1828, erect, or cause to be erected on the said lot, a good and substantial brick house of certain dimensions, fire proof in all respects, according to the regulations and ordinances of the corporation of the city of New York. And the same lease contained (among other things) the following…
1Opinion of the Court
A bill for a specific performance is addressed to the sound discretion of the court in the exercise of its extraordinary jurisdiction: St. John v. Benedict, 6 J. C. R. 111., and Seymour v. Delancy, ib. 222. And it will not be decreed in the following cases: 1. Where the remedy is not mutual, or one party only is bound by the agreement: Parkhurst v. Van Cortlandt, 1 J. C. R. 282.; Benedict v. Lynch, ib. 370. 2d. Where the consideration is inadequate: Osgood v. Franklin, 2 J. C. R. 23. The consideration in this case appears to be inadequate from a comparison of the rent with the amount of the…
2Cited by26 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- Tison v. ArizonaSupreme Court of the United States · 1987
- McGautha v. CaliforniaSupreme Court of the United States · 1971
- Stephens v. StateSupreme Court of Florida · 2001
- Worrall v. . MunnNew York Court of Appeals · 1851
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