Howard v. Doolittle
The Superior Court of New York City
Submission of a-controversy under § 372 of the-Code; The following is the statement of facts agreed' on by the parties. “On the 27th day of'September, 1852, Daniel D.- Howard leased to Doolittle & Burroughs the premises known as the Irving House, in the city of Hew York, on Broadway, Cham-hers, and Reade streets, for the term ending on the first day of May, 1855. “ A copy of the lease is annexed.
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Submission of a-controversy under § 372 of the-Code; The following is the statement of facts agreed' on by the parties. “On the 27th day of'September, 1852, Daniel D.- Howard leased to Doolittle & Burroughs the premises known as the Irving House, in the city of Hew York, on Broadway, Cham-hers, and Reade streets, for the term ending on the first day of May, 1855. “ A copy of the lease is annexed. “ On the first day of May, 1853, Bininger, the owner of the premises and buildings adjoining the western portion of the Irving House buildings, commenced to remove and did remove his buildings from…
1Opinion of the CourtBy the Court. Duer, J.
The only question that the agreement of the parties requires us to decide, is, whether Howard, as landlord, was bound to make the repairs in question ? If he was not, the defendants have expressly promised to repay to him the moneys, which it is admitted that he expended in making the repairs, and the validity of their promise, as founded on a sufficient consideration, is not questioned.
It may be that the rules of the common law which govern the relation of landlord and tenant, are unsuited to the present condition of society, and, judged by modern notions, are unequal and oppressive; but a…
2Cited by39 opinions
- Purcell v. EnglishIndiana Supreme Court · 1882
- Franklin v. . BrownNew York Court of Appeals · 1889
- Ward v. FaginSupreme Court of Missouri · 1890
- Cole v. McKeyWisconsin Supreme Court · 1886
- O'Brien v. CapwellNew York Supreme Court · 1870
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