Buckmaster v. . Thompson
New York Court of Appeals
The Defendant Thompson, by lease dated April 28, 1862, demised to Plaintiff and to David Logan, bis deceased partner, certain premises in tbe city of Brooklyn, for one year from May 1, 1862, with a privilege of continuing for an additional year, provided notice in writing was given before February 1,1863. The lease contained a covenant not to underlet, not to occupy for any business deemed extra hazardous, and that, if the premises became vacant during the term, the lessor…
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The Defendant Thompson, by lease dated April 28, 1862, demised to Plaintiff and to David Logan, bis deceased partner, certain premises in tbe city of Brooklyn, for one year from May 1, 1862, with a privilege of continuing for an additional year, provided notice in writing was given before February 1,1863. The lease contained a covenant not to underlet, not to occupy for any business deemed extra hazardous, and that, if the premises became vacant during the term, the lessor might reenter and let the same. It then proceeded as follows: “ And the said party of the first part hereby agrees, in…
1Opinion of the CourtHunt, J.
While it is quite difficult to decide what is the real meaning of the covenant in question, it is not so difficult to determine what it does not mean. I should not readily adopt an affirmative construction, but I am clearly of the opinion that it does not mean what the Appellants claim, viz.: “ that the lessor agreed, so long as the lessees should be tenants of the premises, in case said parties of the second part shall then be tenants, to offer them for sale to them at $25,000; that there was an absolute agreement to offer the premises to the lessees at $25,000, with the sole proviso that…
2Cited by10 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- R. I. Realty Co. v. TerrellNew York Court of Appeals · 1930
- Landowners Co. v. PendrySupreme Court of Kansas · 1940
- Hill v. PriorSupreme Court of New Hampshire · 1919
- Milliman v. HuntingtonNew York Supreme Court · 1893
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