Webster v. Nosser
New York Court of Common Pleas
Appeal from a judgment of the District Court for the Sixth District. The action was brought to recover damages for a breach of covenant, contained in a lease, entered into by the defendant with the plaintiff. The justice before whom the cause was tried dismissed the complaint, and from his judgment the plaintiff appealed. The facts fully appear in the opinion of the court.
1Opinion of the Court
By the Court.—Brady, J.
The defendant covenanted to do and make all repairs during the term of the lease between him and the plaintiff, and to quit and surrender the premises at the expiration of the term in as good state and condition as they were at the commencement. He also covenanted that he would not make any alterations on the premises without the consent in writing of the lessor, under the penalty of forfeiture and damages.
This action was brought to recover damages sustained by a violation of both these covenants, viz: for a failure to make repairs and for alterations made without the…
2Cases cited1 opinion
- Schieffelin v. CarpenterNew York Supreme Court · 1836
3Cited by3 opinions
- Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
- James v. E. Weinstein SonsCourt of Appeals of Texas · 1927
- Campbell v. Kanawha & Hocking Coal & Coke Co.West Virginia Supreme Court · 1940