Legal Opinion

Ayer v. Kobbe

New York Court of Appeals

Decided January 19, 1875PublishedCited by 3 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York, modifying, and affirming as modified, a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 4 J. & S., 158.) This action was brought to recover a balance alleged to be due for the rent of certain premises in the city of New York.

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Appeal from judgment of the General Term of the Superior Court of the city of New York, modifying, and affirming as modified, a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 4 J. & S., 158.) This action was brought to recover a balance alleged to be due for the rent of certain premises in the city of New York. Defendant sets up, as a counter-claim, damages for an alleged breach of an agreement in the lease, on the part of plaintiffs, in regard to the erection of a steam hoistway. In November, 1867, the plaintiffs entered into a written agreement with…

1Opinion of the CourtRapallo, J.

The claim of the defendants and appellants to recoup, from the rent due to the plaintiffs, damages for their not having within a reasonable time put in an efficient steam hoisting apparatus for the demised premises, is the only matter now in dispute between the parties. The claim of the plaintiffs for additional rent, consisting of a percentage upon the cost of such apparatus during the delay, has been disposed of by the decision of the General Term of the Superior Court, from which no appeal is taken in this respect.- The defendant’s claim for damages, for the delay in putting in the…

2Cited by3 opinions

  1. Inman v. WhiteColorado Court of Appeals · 1912
  2. In re Estate of Piercy, Superior Court of California, County of San Francisco1904
  3. Inman v. WhiteColorado Court of Appeals · 1912

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