Decker v. Gaylord
New York Supreme Court
Appeal from a judgment entered on the verdict of a jury. The action was brought to recover a balance due on a lease of a certain farm in Phelps, Ontario county, being the balance of rent due on the lease from April 1, 1874, to April 1, 1875. -The lease is dated April 1, 1873, and was for one year, but contained this clause: “ This contract is to be renewed for three consecutive years if it is fulfilled to the satisfaction of both parties; ” it was signed by Arethusa Decker,…
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Appeal from a judgment entered on the verdict of a jury. The action was brought to recover a balance due on a lease of a certain farm in Phelps, Ontario county, being the balance of rent due on the lease from April 1, 1874, to April 1, 1875. -The lease is dated April 1, 1873, and was for one year, but contained this clause: “ This contract is to be renewed for three consecutive years if it is fulfilled to the satisfaction of both parties; ” it was signed by Arethusa Decker, the plaintiff, and then by the defendant, Frederick S. Gaylord, the lessee, with their seals, and then as follows: “…
1Opinion of the Court
E. Daewin Smith, J.:
The chief point in controversy in this case relates to the form of the action. The defendants’ counsel claimed at the Circuit, that the defendants could not be sued and held liable together in one action, and that their contracts were separate, and that they must be sued thereon separately. The learned judge ruled that the parties were jointly liable, and the defendants’ counsel duly excepted.
*111It is clear, I think, that the judge was in error if he intended to decide, that the defendants were joint lessees of the plaintiff, or that they could be held liable upon the lease…
2Cases cited2 opinions
- Carman v. . PlassNew York Court of Appeals · 1861
- Gould v. MoringNew York Supreme Court · 1858