Legal Opinion

Becar v. . Flues

New York Court of Appeals

Decided April 4, 1876PublishedCited by 62 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon an alleged parol lease by plaintiff to defendant’s testator of certain premises in Brooklyn. Said testator went into possession of the premises in 1871 under a written lease, which expired Hay 1, 1874. In February or Harch, 1874, a verbal contract was entered into for another year.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon an alleged parol lease by plaintiff to defendant’s testator of certain premises in Brooklyn. Said testator went into possession of the premises in 1871 under a written lease, which expired Hay 1, 1874. In February or Harch, 1874, a verbal contract was entered into for another year. The testator died April 10,1874, and soon after defendant gave notice that he rescinded the contract, and that the premises…

1Opinion of the Court

Church, Ch. J.

From the facts disclosed in this case, the loss occasioned by not renting the premises, by either of the parties, was unnecessary. The evidence tends to establish - that the defendant’s testator, in February or March, 1874, leased the premises by parol of the plaintiff, by her son, for one year from the first of May thereafter, the testator then being in possession under a prior lease. The testator died in April, and the family not desiring to retain the house, the • defendant gave notice that they would not retain it, and on the first of May they abandoned the possession and…

2Cases cited4 opinions

  1. Hamilton v. . McPhersonNew York Court of Appeals · 1863
  2. Trull v. . GrangerNew York Court of Appeals · 1853
  3. Young v. . DakeNew York Court of Appeals · 1851
  4. Wright v. TallmadgeNew York Court of Appeals · 1857

3Cited by62 opinions

  1. Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
  2. 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.New York Court of Appeals · 2014
  3. Ward v. . HasbrouckNew York Court of Appeals · 1902
  4. Wright v. BaumannOregon Supreme Court · 1965
  5. Reichman v. DrakeOhio Court of Appeals · 1951

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