Smith v. . Rector, Etc., of St. Philip's Church
New York Court of Appeals
Appeal from judgment of the General Term of the Court of-Common Pleas, in and. for the city and county of ¡New Tort,, entered upon an order made ¡November 6, 1885, which affirmed, á judgment in favor of plaintiff entered upon a decison of the-court on trial without a jury. This action was brought to compel a specific performance on the part of defendant as - lessor of certain covenants in a. lease executed by it to Thomas Kiernan.
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Appeal from judgment of the General Term of the Court of-Common Pleas, in and. for the city and county of ¡New Tort,, entered upon an order made ¡November 6, 1885, which affirmed, á judgment in favor of plaintiff entered upon a decison of the-court on trial without a jury. This action was brought to compel a specific performance on the part of defendant as - lessor of certain covenants in a. lease executed by it to Thomas Kiernan. The material portions thereof are set forth in the opinion,.. which also contains a substantial statement of the facts. The plaintiff cannot maintain this action,…
1Opinion of the CourtAndrews, J.
The true construction of the release executed by the defendant to the plaintiff, July 22, 1864, as bearing; upon the covenant of renewal contained in the lease from the; defendant to Thomas Kiernan, assignor of the plaintiff, dated July 1, 1862, constitutes one of' the material questions in this; case. The lease was for a term of twenty-three years; it contained among other covenants by the lessee, a covenant for himself, his administrators and assigns, to erect and build, or cause to be erected and built, on the demised premises “ within s'ix years from the date of the lease, a good and…
2Cases cited6 opinions
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Wilson v. MartinCourt for the Trial of Impeachments and Correction of Errors · 1845
- Graves v. BerdanNew York Supreme Court · 1859
- Kerr v. Merchant's Exchange Co.New York Court of Chancery · 1839
- Beckwith v. . BrackettNew York Court of Appeals · 1884
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- People v. LerhinanAppellate Division of the Supreme Court of the State of New York · 1982
- Susskind v. 1136 Tenants Corp.Civil Court of the City of New York · 1964
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- Weir v. BarkerAppellate Division of the Supreme Court of the State of New York · 1905
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