Clark v. Strong
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term,- Delaware County. Action by Charles E. Clark against Ira Strong and others, in which the defendant named filed an answer seeking certain affirmative relief as against his codefendants. From a judgment granting defendant’s prayer for affirmative relief, Lincoln A. Groat and others, defendants, appeal. Modified.
1Opinion of the Court
CHASE," J.
The respondent rests his claim wholly upon the written agreement. There are no findings of fact upon which equitable relief, if any, could be founded. Although the parties to the agreement therein call it a “lease,” it is not a conveyance of an estate or interest in real property for life, for years, at will, or for a term less than the grantor had in the real property, and it is not a lease.
■ The parties have also therein referred to the rights granted or agreed upon as a “privilege.” If the agreement is considered as a mere license, it was revoked by the death of the licensor,…
2Cases cited6 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Knapp v. . RocheNew York Court of Appeals · 1884
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Eckerson v. . CrippenNew York Court of Appeals · 1888
- Stamm v. . BostwickNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hutton v. McGuireIndiana Court of Appeals · 1928