Finkelmeier v. . Bates
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December i, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December i, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This action was originally brought by Selena H. Jewell, the devisee of the lessor, to recover rent alleged to be due from defendants, as assignees of the lessee under a lease of certain lots in the city of New York, executed in 1866 by Charles J. Jewell to David C. Sturges ; said devisee having died during the pendency of the…
1Opinion of the CourtFinch, J.
Assuming the position of the appellants, that the covenant of the lessor to pay the value of one-half" of the building erected on the leased premises is an independent covenant, and not conditioned upon the prior payment of rent and taxes during the twenty-one years, there yet remain difficulties which bar a recovery. The payment for the building by the lessor was to be made at the “ expiration of the term.” The meaning of that phrase as used in the contract involves a construction of the agreement to be gathered from its several provisions. The lease, as printed for our use, is divided into…
2Cited by8 opinions
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Pringle v. WilsonCalifornia Supreme Court · 1909
- Lang v. Pacific Brewing & Malting Co.California Court of Appeal · 1919
- Baldwin v. ThibadeauNew York Court of Common Pleas · 1891
- Moore v. LynchNew York Supreme Court · 1927
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