Mayer v. . McCreery
New York Court of Appeals
Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made May 18, 1887, Which reversed an interlocutory judgment rendered at Special Term in. favor of plaintiff and granted a new trial. The nature of the action and the material facts are stated in the opinion. In estimating the language that constitutes a lease, the form of words is of no consequence ; it is not even necessary that the term lease should be used.
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Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made May 18, 1887, Which reversed an interlocutory judgment rendered at Special Term in. favor of plaintiff and granted a new trial. The nature of the action and the material facts are stated in the opinion. In estimating the language that constitutes a lease, the form of words is of no consequence ; it is not even necessary that the term lease should be used. (Moore v. Miller, 8 Penn. St. 272 ; Peck v. Vcmdermark, 99 N. Y. 29; 107 id. 192,194; Newton v. Bronson, 13 id. 505 ; Union Bank v. Coster, 3…
1Opinion of the CourtPeckham, J.
This action was brought for the purpose of procuring specific performance of an alleged agreement for the-leasing of certain premises in the city of Hew York, owned by the defendant, which, as was alleged, he agreed to lease to the plaintiff upon certain terms mentioned in the alleged agreement.
The defendant denied the making of any such agreement, and upon trial before a single judge it was found that the agreement as alleged by the plaintiff had been made, and that as the defendant had failed to execute the lease and had in the meantime sold the premises, the court found that the plaintiff…
2Cited by45 opinions
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- May Metropolitan Corp. v. May Oil Burner Corp.New York Court of Appeals · 1943
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals · 1926
- Baker v. BakerCourt of Appeals of Texas · 1947
- Sun P. P. Assn. v. . Remington P. P. Co.New York Court of Appeals · 1923
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