Robinson v. . Beard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 31, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 31, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to compel the defendants to execute and deliver to the plaintiffs a renewal of a lease, which the defendants’ testator had made to Robinson and Woodruff, the predecessors in interest of the plaintiffs, of property in Brook-, lyn. The facts found by the trial court are not in dispute; but it is contended that a different…
1Opinion of the CourtGray, J.
The appellants’ counsel, in contending that it was absolutely optional with his clients to grant an additional term to the respondents, has made an ingenious argument, which he bases upon the apparent incompatibility of a construction of the last clause in the lease, which would make their right to elect contingent upon what the owners might elect in respect to a new lease to them, with the right to elect, previously given to them in the body of the lease, to terminate the tenancy in 1891. We think the inconsistency is more apparent than real, and that a careful consideration of the lease to…
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