Chamberlain v. . Dunlop
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 10, 1889, which modified, and affirmed as modified, a judgment in favor of .plaintiff entered upon the report of a referee. This action was brought to recover damages for an alleged breach of contract to rebuild contained in a lease.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 10, 1889, which modified, and affirmed as modified, a judgment in favor of .plaintiff entered upon the report of a referee. This action was brought to recover damages for an alleged breach of contract to rebuild contained in a lease. On July 24, 1876, Bobert Dunlop, defendant’s testator, executed to plaintiff a lease of certain premises for the term of five years from November 1, 1876, with a privilege, upon giving written notice three months before the…
1Opinion of the CourtPeckham, J.
None of the grounds argued by the counsel for defendant is sufficient to call for a reversal of this judgment. (1) The lease was properly extended in the manner provided for by its terms and was recognized as a valid and existing lease up to the death of the testator, at which time nearly one-half of the extended period had expired.
The lease provided for an extension of its term by two years, provided the lessee, three months before the expiration of • the original five years, gave a written notice to the lessor of his desire to extend the lease for that further period. This the lessee did.…
2Cases cited5 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Kernochan v. . MurrayNew York Court of Appeals · 1888
- Schieffelin v. CarpenterNew York Supreme Court · 1836
- Whitney v. MeyersThe Superior Court of New York City · 1852
- Wright v. . HolbrookNew York Court of Appeals · 1865
3Cited by25 opinions
- Schonfeld v. HilliardCourt of Appeals for the Second Circuit · 2000
- Schonfeld v. HilliardCourt of Appeals for the Second Circuit · 2000
- Wagner v. ThieriotAppellate Division of the Supreme Court of the State of New York · 1922
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
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