Johnson v. Oppenheim
The Superior Court of New York City
Appeal from judgment entered upon the verdict of a jury, and from order denying defendant’s motion for a new trial upon the judge’s minutes.
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Appeal from judgment entered upon the verdict of a jury, and from order denying defendant’s motion for a new trial upon the judge’s minutes. The action was brought to recover thirty-five hundred dollars, a quarter’s rent, due November 1, 1869, of the premises, with the buildings thereon, known as No. 475 Broadway, running through to Mercer-street, under a lease of the premises made by the plaintiffs, the owners, to the defendants, dated January 15, 1869, for five years from May 1, 1869, at the annual rent of fourteen thousand dollars, payable quarterly. The lease contains the usual covenant…
1Opinion of the Court
By the Court.*—Freedman, J.
The covenant for quiet enjoyment contained in the lease means only that the tenants shall not be evicted by a paramount title. It relates only to the title, and not to the actual possession or undisturbed enjoyment, where there is no eviction from the premises demised.
Nor is there any actual or implied contract or war*454ranty on the part of the plaintiffs in this case that the premises demised shall be or continue fit for the purposes of defendants’ business. The clause contained in the lease, "which requires the premises to be used in the business of importers and…
2Cases cited12 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Myers v. . BurnsNew York Court of Appeals · 1866
- Doupe v. . GeninNew York Court of Appeals · 1871
- Myers v. GemmelNew York Supreme Court · 1851
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