Trull v. . Granger
New York Court of Appeals
On' the sixth day of September, 1849, the plaintiff entered into an agreement with the defendants to take a store which they were building, for five years from the first day of May, 1850, at the yearly rent of five hundred dollars, payable quarterly in advance.
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On' the sixth day of September, 1849, the plaintiff entered into an agreement with the defendants to take a store which they were building, for five years from the first day of May, 1850, at the yearly rent of five hundred dollars, payable quarterly in advance. The agreement was reduced to writing, the plaintiff giving the defendants an instrument, binding himself to pay the rents and observe certain conditions, and receiving from them one of which the following is a copy: “ This is to certify that we have this first day of May, 1850, let and leased to Ezra Trull, store No. 1, in the first…
1Opinion of the CourtGardiner, J.
The contract in question was executed by the defendants on the sixth day of September 1849, the term to commence on the first of May, 1850. The right of the plaintiff to the possession of the premises, was complete on the day fixed by the agreement for the commencement of the term. Such a right in presentí is all that is neces'sary to maintain ejectment, as an entry is not necessary. ( Taylor, Landlord & Tenant, 332; 2 R. S. 304, § 6; id. 306, § 25.) The section last cited provides, that it shall not be necessary for the plaintiff, in ejectment, to prove an actual entry under title, but it…
2Cited by52 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Becar v. . FluesNew York Court of Appeals · 1876
- Hammond v. HanninMichigan Supreme Court · 1870
- Dodds v. . HakesNew York Court of Appeals · 1889
- Ewert v. RobinsonCourt of Appeals for the Eighth Circuit · 1923
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