Tone v. Brace
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the eighth circuit, dissolving an injunction. The defendant Brace, who was the owner of a farm in the county of Genesee, demised and leased the same to the complainant Tone, for five years from the first of April, 1837, at an annual rent of $>550, payable on the first of January in each year during the continuance of the term; with the privilege of sowing on the farm an out-going crop of wheat, not exceeding fifty…
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This was an appeal from an order of the vice chancellor of the eighth circuit, dissolving an injunction. The defendant Brace, who was the owner of a farm in the county of Genesee, demised and leased the same to the complainant Tone, for five years from the first of April, 1837, at an annual rent of $>550, payable on the first of January in each year during the continuance of the term; with the privilege of sowing on the farm an out-going crop of wheat, not exceeding fifty acres, and of removing or harvesting such crop notwithstanding the five years had expired. The complainant paid the rent…
1Opinion of the Court
The Chancellor.
Two objections are made to the complainant’s right to an injunction in this suit : First, that there were no covenants in the lease which gave to the lessee any legal or equitable claim upon the lessor for the damages which the former had sustained in consequence of the eviction ; and Secondly, that if the defendant was liable for such damages, the complainant had a perfect remedy at law. If either of these objections is well taken, it is sufficient to sustain the order of the vice chancellor dissolving the injunction.
It is not seriously contended by the respondent’s counsel…
2Cases cited3 opinions
- Kinney v. WattsNew York Supreme Court · 1835
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Barney v. KeithNew York Supreme Court · 1830
3Cited by2 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
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