Winslow v. Baltimore & Ohio Railroad
Supreme Court of the United States
APPEAL FEOM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The Court of Appeals of the District of Columbia, reversing the judgment of the Supreme Court of the District, (which dismissed the bill of the railroad company,) directed that court •to give judgment in favor of the company, and from the judgment of the Court of Appeals an appeal to this court has been taken by the defendants below.
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APPEAL FEOM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The Court of Appeals of the District of Columbia, reversing the judgment of the Supreme Court of the District, (which dismissed the bill of the railroad company,) directed that court •to give judgment in favor of the company, and from the judgment of the Court of Appeals an appeal to this court has been taken by the defendants below. The company brought this suit to obtain a judgment declaring the validity of an alleged lease to it for five years from the first day of August, 1897, and to compel the specific performance of an…
1Opinion of the Court
Mb.' Justice Peckham,
after making the foregoing statement of facts, delivered the opinion of the court.
It is quite plain that a lease containing a covenant to renew at its expiration with similar covenants, terms and conditions contained in the original lease is fully-carried out by one renewal without the insertion of another covenant to renew. Otherwise a perpetuity is provided for. Piggot v. Mason, (1829) 1 Paige’s Ch. 412; Carr v. Ellison, (1838) 20 Wend. 178; Syms v. Mayor, (1887) 105 N. Y. 153; Cunningham v. Pattee, (1868) 99 Massachusetts, 248; Taylor’s Landlord & Tenant, 8th ed. §§…
2Cases cited6 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Purcell v. MinerSupreme Court of the United States · 1867
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
- Syms v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
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3Cited by53 opinions
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- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Lonergan v. Connecticut Food Store, Inc.Supreme Court of Connecticut · 1975
- Pettit v. TourisonSupreme Court of Pennsylvania · 1925
- Burns v. . City of New YorkNew York Court of Appeals · 1915
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