Viany v. Ferran
New York Supreme Court
Motion .to dissolve an injunction. This action was brought by Jean Viany against Auguste Eerran, to obtain specific performance of a covenant in a lease of real property, for a renewal, at a rent to be fixed by arbitration. It appeared that the parties had agreed upon Judge Daly as their arbitrator, or referee, under the covenant in the lease, but he having been unable to attend to the case, they had failed to agree .upon, any other.
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Motion .to dissolve an injunction. This action was brought by Jean Viany against Auguste Eerran, to obtain specific performance of a covenant in a lease of real property, for a renewal, at a rent to be fixed by arbitration. It appeared that the parties had agreed upon Judge Daly as their arbitrator, or referee, under the covenant in the lease, but he having been unable to attend to the case, they had failed to agree .upon, any other. The plaintiff sought as relief in this action that the defendant be directed to proceed on his part with the arbitration and to appoint another, should the…
1Opinion of the CourtCardozo, J.
—I think the learned counsel for the defendant misconstrues the provisions of the lease as to the renewal. The lease provides that if the lessee, having per*112formed Ms covenants, gives notice in writing on or before Feb. 1, 1868, binding Mmself to take and accept a further term of five years from May 1, 1868, the lessor will grant a new lease for such further period. It then provides for the fixing of the rent by arbitration, and instructs the arbitrators as to the “principle” by which they are to govern themselves, but it gives no option to the lessee to accept or reject the lease after the…
2Cases cited2 opinions
- Kelso v. KellyNew York Court of Common Pleas · 1860
- Wells v. De LeyerNew York Court of Common Pleas · 1860
3Cited by4 opinions
- Weir v. BarkerAppellate Division of the Supreme Court of the State of New York · 1905
- Cogswell v. CogswellWashington Supreme Court · 1912
- Springer v. BordenIllinois Supreme Court · 1895
- Holdridge v. GarretsonWashington Supreme Court · 1929