Law v. Pemberton
New York Court of Common Pleas
Appeal from the city court, general term. Action by Alfred W. Law against Frank R. Pemberton to recover for breach of an agreement for a lease. From a judgment of the city court (29 R". Y. Supp. 605) affirming a judgment entered on a verdict directed for defendant at trial term, plaintiff appeals.
1Opinion of the CourtPryor, J.
We cannot concur in the conclusion of the court below that the action is for rent, eo nomine, accruing by virtue of a lease. True, the complaint says the plaintiff “leased” the premises, but the word is not decisive against a mere executory contract for a lease; and upon the entire pleading it is manifest, beyond doubt, that the action is to recover damages for breach of an agreement to demise. The complaint alleges “the refusal of the defendant to occupy and use said apartment,” the “expenditure occasioned by the breach of said contract,” and the difference between the contract price and the…
2Cases cited1 opinion
- Fullerton v. DaltonNew York Supreme Court · 1870
3Cited by5 opinions
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- Nasanowitz v. HaneAppellate Terms of the Supreme Court of New York · 1896
- Walton v. MatherAppellate Terms of the Supreme Court of New York · 1896
- Jenkelson v. RuffAppellate Terms of the Supreme Court of New York · 1900
- Trustee Co. v. Zimmer, Court of Common Pleas of Ohio, Franklin County, Civil Division1910