Tuttle v. Tompkins
New York Supreme Court
Error from the Onondaga common pleas. Tompkins brought an action of covenant against Tuttle for the recovery of $400, the rent of a saw-mill, accruing in the year 1826, payable in quarter yearly payments.
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Error from the Onondaga common pleas. Tompkins brought an action of covenant against Tuttle for the recovery of $400, the rent of a saw-mill, accruing in the year 1826, payable in quarter yearly payments. The lease was for three years from January, 1824. It contained a covenant on the part of the lessor, that if the lessee should, at the ex- • j- o i , i . piration ot the term, leave the mill m a better state of repair than what it was in when he received it, he should be paid the difference by the lessor. In January, 1827, after the' expiration of the lease, the suit was commenced. The…
1Opinion of the Court
By the Court, Marcy, J.
The plaintiff in error contends that the amount of the claim proposed to he set off was, as soon as it accrued, a payment of so much rent, and consecluen^y the true sum due to the plaintiff below could not be ascertained, without investigating and settling that claim. I regard the covenants to pay rent to the lessor, and to allow the lessee for the improvement of the premises, as distinct and independent. The rent was payable quarterly, and consequently, at the close of the term, there would not have been due, if the stipulations of the lease had been punctually…
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