Morton v. . Weir
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Memorandum of decision below, 5 Hun, 177.) This action was brought to recover the value of certain alleged permanent improvements erected by Francis Farrell, plaintiff’s assignor, upon certain premises then owned by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Memorandum of decision below, 5 Hun, 177.) This action was brought to recover the value of certain alleged permanent improvements erected by Francis Farrell, plaintiff’s assignor, upon certain premises then owned by defendant. Defendant, in May, 1869, leased to said Farrell the premises in question for the term of ten years. The lease contained this clause: “ In the event of the said party of the first part selling…
1Opinion of the CourtAllen, J.
By the terms of the demise the defendant reserved the right to sell the demised premises, and the parties covenanted that upon such sale or agreement to sell, the lease should be determined and the term ended, and that the defendant would pay the lessee a fair and just price or consideration for all permanent improvements erected on said premises by the tenant. It was also stipulated that in case the parties could not agree upon the value of the improvements, the same should be submitted to arbitration. The defendant availed himself of the right reserved, and sold and conveyed the premises…
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- Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
- In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Hughes v. DonlonTennessee Supreme Court · 1923
- Shanfelter v. HornerCourt of Appeals of Maryland · 1895
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