Sire v. Rumbold
New York Court of Common Pleas
Appeal from city court, general term. Action by Henry B. Sire against George W. Bumbold and George Walter Bumbold, to recover a balance of rent alleged to be due under a lease in writing; the defense being that, in consideration of the execution of the lease by the defendants, the plaintiff, by a contemporaneous verbal understanding, had agreed to accept a lesser rent than that reserved, until the completion of certain alterations in the demised premises which plaintiff had…
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Appeal from city court, general term. Action by Henry B. Sire against George W. Bumbold and George Walter Bumbold, to recover a balance of rent alleged to be due under a lease in writing; the defense being that, in consideration of the execution of the lease by the defendants, the plaintiff, by a contemporaneous verbal understanding, had agreed to accept a lesser rent than that reserved, until the completion of certain alterations in the demised premises which plaintiff had agreed to make.. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtBischoff, J.
From the record before us we can perceive no valid ground for disturbing the judgment or order appealed from. The agreement set up in the answer, and which defendants established by sufficient evidence upon the trial, is hot in conflict with the provisions of the lease. The seventeenth paragraph of the lease recites that it is the intention of the lessor to build upon the demised and adjoining premises, and he reserves to himself the right of entry for the purposes of such building and repairing. It also provides that, ■during the progress of such building, the lessees shall have a deduction…
2Cases cited6 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Clenighan v. McFarlandNew York Court of Common Pleas · 1890
- Lanphire v. SlaughterNew York County Court, Herkimer County · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cartledge v. CrespoCity of New York Municipal Court · 1893
- Sire v. RumboldtNew York Court of Common Pleas · 1891