Hope v. . Balen
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants, entered upon a verdict. This action was brought to recover a quarter’s rent falling due May 1st, 1869, upon alease executed by plaintiff to defendants, of certain premises in New York. The lease was for two years from February 1st, 1868, rent payable quarterly.
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Appeal from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants, entered upon a verdict. This action was brought to recover a quarter’s rent falling due May 1st, 1869, upon alease executed by plaintiff to defendants, of certain premises in New York. The lease was for two years from February 1st, 1868, rent payable quarterly. The defence was that an agreement was made between the parties by which, in consideration of a surrender of the premises and the balance of the term, on the 1st of May, 1869, plaintiff agreed to release…
1Opinion of the CourtGrover, J.
Where a verbal contract is entire, and a part only in part performance is reduced to writing, paroi proof of the entire contract is competent. (1 Greenl. Ev., § 284 a; Hutchins v. Hebbard, 34 N. Y., 24.) By the verbal contract of the parties, as found by the jury, the defendants were to surrender to the plaintiff the residue of the term in the premises leased to them by the plaintiff, and surrender to him the possession thereof on the 1st day of May, 1869, in consideration of which the plaintiff was to discharge them from the payment of the quarter’s rent coming due upon the lease that day.…
2Cases cited1 opinion
- Hutchins v. . HebbardNew York Court of Appeals · 1865
3Cited by19 opinions
- Welz v. RhodiusIndiana Supreme Court · 1882
- Kelly v. CarterSupreme Court of Arkansas · 1891
- Putnam v. ProutyNorth Dakota Supreme Court · 1913
- Matthews v. . SheehanNew York Court of Appeals · 1877
- Van Brunt v. . DayNew York Court of Appeals · 1880
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