Karn v. Dilorenzo
Supreme Court of Connecticut
Suit to secure the renewal of a lease, pursuant to one of its provisions, and meanwhile for an injunction to restrain ejectment proceedings, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (Kellogg, J.) and the cause was afterward tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants. This is an action to enforce a covenant of renewal contained in a written lease.
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Suit to secure the renewal of a lease, pursuant to one of its provisions, and meanwhile for an injunction to restrain ejectment proceedings, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (Kellogg, J.) and the cause was afterward tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants. This is an action to enforce a covenant of renewal contained in a written lease. On May 28th, 1915, one Harry Willetts leased to the plaintiff, Karn, certain premises on South Main Street in Waterbury,…
1Opinion of the CourtGager, J.
The defendants .claim that the clause “with privilege of renewal” was too uncertain, indefinite and ambiguous as to time, conditions and terms of renewal. This clause is certainly brief, but under well-settled principles of interpretation it is sufficient to constitute a good covenant. In Platt v. Cutler, 75 Conn. 183, 52 Atl. 819, it was assumed that the provision “if the conditions of this lease are complied with during the entire time of one year, it is mutually agreed that it shall be renewed on same terms for two additional years, if the party of the second part desires it,” would…
2Cases cited8 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Renoud v. DaskamSupreme Court of Connecticut · 1868
- United States Brewing Co. v. WolfAppellate Court of Illinois · 1913
- Platt v. CutlerSupreme Court of Connecticut · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- O'Connor v. ChiascioneSupreme Court of Connecticut · 1943
- Starr v. HolckMichigan Supreme Court · 1947
- Schumacher v. FattenAppellate Court of Illinois · 1958
- Freiheit v. BrochSupreme Court of Connecticut · 1922
- Tinaco Plaza, LLC v. Freebob's, Inc.Connecticut Appellate Court · 2003
1 more not listed; retrieve them via the Exa API.