Mittler v. Herter
City of New York Municipal Court
Appeal from judgment entered upon the verdict of a jury in favor of the plaintiff and from an order denying a motion for a new trial.
1Opinion of the CourtSeabury, J.
This action was brought to recover the sum of $250, which the plaintiff deposited with the defendant as security for a lease which the defendant made to the plaintiff of certain premises described in the complaint, and which sum it was agreed should be returned to the plaintiff on the fulfillment of the contract by the plaintrff, or on the failure to fulfill on the part of the defendant. According to the contention of the plaintiff the size of the store which the defendant agreed to lease to the plaintiff was to be 25 feet wide and 132 feet deep. The defendant admitted the making of the lease…
2Cases cited2 opinions
- Harris v. . OakleyNew York Court of Appeals · 1891
- Freund v. KearneyAppellate Terms of the Supreme Court of New York · 1898