Wyse v. Russell
Appellate Terms of the Supreme Court of New York
Appeal from judgment of Sixth Judicial District Court in favor of defendants. • Action for rent.
1Opinion of the CourtBischoff, J.
The defendants are husband and wife, and . together occupied rooms in the plaintiff’s house under a vúitten lease,; but, having left the premises .prior to its expiration, this action was. brought, to recover the rent claimed to have thereafter accrued.
'Two defenses were litigated — eviction and a cancellation of the contract, and the justice below found in favor of the defendants..The record satisfies us that this conclusion was not incorrect) since,-while there was. the customary conflict of evidence as to the main facts, ample grounds for. finding a constructive, eviction appeared..' !.Iti…
Also in this document: Concurrence.
2Cases cited1 opinion
- Sully v. . SchmittNew York Court of Appeals · 1895
3Cited by1 opinion
- Finck v. RogersAppellate Terms of the Supreme Court of New York · 1899