Pike v. . Butler
New York Court of Appeals
On the 1st of May, 1833, Thomas 0. Bntler leased to Elizabeth Parcels a lot in the city of ISTew-Tork, on which was a two story brick dwelling house, for the term of five years, with a privilege of renewal for five years longer.
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On the 1st of May, 1833, Thomas 0. Bntler leased to Elizabeth Parcels a lot in the city of ISTew-Tork, on which was a two story brick dwelling house, for the term of five years, with a privilege of renewal for five years longer. The lease con- [361] tained a covenant on the part of the lessor, that if the lessee should erect upon the lot a brick dwelling house, corresponding in elevation with the house then on the premises, the lessor, at the termination of the lease, or at the end of the second term (if renewed) would pay to the lessee the value of the building, to be ascertained by three…
1Opinion of the CourtGardiner, J.
The nonconformity of the building to the contract in the lease is admitted. The facts relied upon to show that the defendant fraudulently induced a belief upon the part of the complainant that the building erected by the latter would be accepted and paid for, until it was too late to make the necessary alterations, are 1. That no objection was made by the defendant to the building as it was constructed, until the last meeting of the appraisers, three days before the expiration of the lease; 2. The concurrence of the defendant in the appointment of the appraisers; and 3. His failing to state,…
2Cited by9 opinions
- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Aldrich v. WilmarthSouth Dakota Supreme Court · 1893
- Graham v. PottierCourt of Appeals for the Second Circuit · 1933
- Smith v. CooleyNew York Court of Common Pleas · 1874
- Friedlander v. Delaware & Hudson Canal Co.New York Supreme Court · 1890
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