Clark v. Strong
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiff, Charles E. Clark, and by the defendants, Lincoln A. Groat and others, from certain portions of a judgment of the Supreme Court in part in favor of the defendant Ira Strong, entered in the office of the clerk of the county of Delaware on the 4th day of November, 1904, upon the decision of the court, rendered after .a trial at the Delaware Special Term, in the above-entitled foreclosure action.
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Appeals by the plaintiff, Charles E. Clark, and by the defendants, Lincoln A. Groat and others, from certain portions of a judgment of the Supreme Court in part in favor of the defendant Ira Strong, entered in the office of the clerk of the county of Delaware on the 4th day of November, 1904, upon the decision of the court, rendered after .a trial at the Delaware Special Term, in the above-entitled foreclosure action. One Norman W. Groat, on the 2d day of November, 1896, made and delivered to one Pomeroy, his bond, conditioned to pay the sum of $800 and interest, as therein specified, and as…
1Opinion of the Court
Chase, J.:
The respondent rests his claim wholly upon the written agreement. There are no findings of fact upon which equitable relief, if any, could be founded. Although the parties to the agreement therein call it a “ lease ” it is not a conveyance of an estate or interest in real property for life, for years, at will, or for a term less than the grantor had in the real property and it is not a lease.
The parties have also therein referred to the rights granted or agreed upon as a “ privilege.” If the agreement is considered as a mere license it was revoked by the death of the licensor even…
2Cases cited3 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Stamm v. . BostwickNew York Court of Appeals · 1890
3Cited by5 opinions
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- Hutton v. McGuireIndiana Court of Appeals · 1928
- Singleton v. McGurkNew York Supreme Court · 1921
- Rochester Poster Advertising Co. v. SmithersNew York Supreme Court · 1927
- Vitale v. WittsAppellate Division of the Supreme Court of the State of New York · 2012