Betts v. Perine
New York Supreme Court
Demurrer to declaration. The plaintiff declared in covenant, selling forth an agreement under seal, bearing date 4th May, 1832, whereby the defendant covenanted diligently and faithfully to labor for and serve the plaintiff, in the business of tanning and currying at a certain tannery lately occupied by the defendant and then owned by the plaintiff, to continue in the service of the plaintiff for the term of three years, and during such term to board himself.
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Demurrer to declaration. The plaintiff declared in covenant, selling forth an agreement under seal, bearing date 4th May, 1832, whereby the defendant covenanted diligently and faithfully to labor for and serve the plaintiff, in the business of tanning and currying at a certain tannery lately occupied by the defendant and then owned by the plaintiff, to continue in the service of the plaintiff for the term of three years, and during such term to board himself. The plaintiff covenanted to furnish and provide a suitable house for the defendant to reside in during the term, and to pay him for his…
1Opinion of the Court
By the Court,
Nelson, J.
The covenant of the plaintiff to provide a suitable dwelling house for the defendant for the time specified in the agreement was not a condition precedent; it formed part of the consideration for the services or work to be done, the residue of which, to wit, the $22 per month, was to be paid quarterly, and of course was an independent agreement. The whole consideration, when taken together, should be construed as a distinct and independent stipulation. The defendant, will have the benefit of any breach of it in his defence, by way of reducing the plaintiff’s damages, if…
2Cited by10 opinions
- Young v. . HunterNew York Court of Appeals · 1852
- Kellam v. . McKinstryNew York Court of Appeals · 1877
- Hutchins v. SmithNew York Supreme Court · 1865
- Stover v. FlackNew York Supreme Court · 1862
- Conkling v. KingNew York Supreme Court · 1851
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