Hall v. . Gould
New York Court of Appeals
Action commenced in the supreme court in December, 1848, upon a lease executed by the parties under their seals bearing date the 1st day of October, 1844, whereby the plaintiff demised unto the defendant and his representatives a store in the city of Albany, for the term of two years and six months from the date of the lease, at the annual rent of $850, payable quarterly in each year, the lessee paying the taxes.
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Action commenced in the supreme court in December, 1848, upon a lease executed by the parties under their seals bearing date the 1st day of October, 1844, whereby the plaintiff demised unto the defendant and his representatives a store in the city of Albany, for the term of two years and six months from the date of the lease, at the annual rent of $850, payable quarterly in each year, the lessee paying the taxes. The defendant covenanted to pay the rent and the taxes ; and he further covenanted with the plaintiff “ that he would not himself, nor allow any one else to make use of the premises…
1Opinion of the CourtJohnson, J.
Three questions are presented in this case: 1st. "Whether, upon the facts' appearing in the pleadings and evidence, the plaintiff has made out a cause of action against the defendant; 2d. Whether that cause of action can be recovered upon under the pleadings, as they were originally drawn ; and 3d. Whether it was in the power of the court co allow such amendments as were necessary to conform the pleadings to the facts.
Taking all the provisions of the lease together, it was manifestly the intention of the parties that in case of a breach by the lessee, or any one in under him, of the covenant…
2Cited by50 opinions
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- Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
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