Whitlock v. Duffield
New York Court of Chancery
The bill in this cause was filed for the purpose of either obtaining payment of the appraised value of a building erected by the complainant on leasehold premises, or to compel a renewal of a lease, calling upon the court to-ascertain what would be a proper and equitable rent.
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The bill in this cause was filed for the purpose of either obtaining payment of the appraised value of a building erected by the complainant on leasehold premises, or to compel a renewal of a lease, calling upon the court to-ascertain what would be a proper and equitable rent. On the 1st of June, 1814, a lease was executed by persons now represented' by the defendants, to one Nathaniel Howland, of a lot of ground'in the village of Brooklyn’. The rent was $152 50 per annum, and the demise was; for twenty years of a certain tract or parcel of ground suitable for a rope-wallc, in the-village of…
1Opinion of the Court
The Assistant Vice-Chancellor :
The first important question in this cause to which I shall direct my attention, is the legal operation of the covenant in the lease to grant a new one upon the expiration of the term; the next will be, whether upon the construction given by the complainant, the stipulation has been complied with in the lease proffered ; and if not, whether the offer of such lease is a waiver of any legal defence, and binds the defendant to give a lease which the court shall deem reasonable. On these questions depends that branch of the relief sought,- which refers to the…
2Cases cited5 opinions
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
- Harvey v. RickettNew York Supreme Court · 1818
- Campbell v. WesternNew York Court of Chancery · 1831
- Kelly v. JohnsonU.S. Circuit Court for the District of Pennsylvania · 1811
3Cited by2 opinions
- Domestic Telegraph & Telephone Co. v. Metropolitan Telephone & Telegraph Co.New Jersey Court of Chancery · 1884
- Moran v. WellingtonNew York Supreme Court · 1917