Wells v. De Leyer
New York Court of Common Pleas
This was an appeal from a judgment of this Court, entered upon a decision of Judge Brady, without a jury. The complaint set up damages for the unlawful ejectment of the plaintiff from certain premises owned by the plaintiff s intestate in fee.
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This was an appeal from a judgment of this Court, entered upon a decision of Judge Brady, without a jury. The complaint set up damages for the unlawful ejectment of the plaintiff from certain premises owned by the plaintiff s intestate in fee. The defendant answered, justifying the eviction under a lease from the plaintiff to West & Halsey, for four years and four months from the 1st day of January, 1851, with a covenant for three renewals tbr the term of five years upon a rent to be agreed upon by the lessor and lessee, or, in case of disagreement, by arbitrators, one to be chosen by each,…
1Opinion of the Court
By the Court.
Daly, F. J.
Upon taking the covenants together, it is plain that the premises were deurised for five years at $100 rent per year, ending ozz the 1st of Flay, 1855, with a privilege of renewal for five years, at a rent which was not to be less than §100 per annum, to be fixed in the mode pointed out in the lease, and for two additional z-enewals thez-eafter of five years each, at rents to be fixed in the same manner.
It is immaterial whether the defendant was a sub-tenant of West & Halsey, or assignee of the lease, as neither he nor West & Halsey took any steps, before the…
2Cases cited3 opinions
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
- People v. LeonardNew York Supreme Court · 1814
- Whitney v. MeyersThe Superior Court of New York City · 1852
3Cited by2 opinions
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- Viany v. FerranNew York Supreme Court · 1868