Reports of Cases Decided in the Court of Appeals of the State of New York Volume N . 139

Reports of Cases Decided in the Court of Appeals of the State of New York Volume N . 139

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... of the Statute of Frauds is not available to the defendant, because it was not pleaded. (Porter v. W0rvnaer, 94 N. Y. 450; Ha-mer v. Siclway, 124 id. 548; Mills v. Mom'kan, 161.) Even if the agreement were made in October and was not to commence until November first, still the plea of the Statute of Frauds would not be available, because the agreement was one for the use and occupation of premises for the purpose of carrying on the business of a physician, and constituted a lease. It was not a contract for board and lodging. An oral lease for the term of one year, to commence in fnturo, is good under the statute. (St. Frauds, 8; Ambler v. S/c/z'mzer, 7 Robt. 563.) The surrender of the premises in question by the plaiutifi to her landlord on the third of July following the defendant s abandonment of them on tlie first of June does not derogate from her right to claim the damages which she has sustained by the defeudant s breach of his contract. The defendant s motions to dismiss on this ground are not tenable. Also his exceptions to the charge and to the refusal to charge his third request to charge, cannot be sustained. (Cornwall v. Haigkt, 21 N. Y. 465; Ilowa/rd v. Duly, 61 id. 370.) O Bnm1s, J. The plaintifi recovered damages for the breach of an agreement, which, on the trial, appeared to be oral. The complaint alleges that the plaintifl, in the month of October, 1887, was in the possession under a lease of a house in the city of New York, and that she entered into an agreement with the defendant whereby the defendant leased from her, for the term of one year from the first day of November, 1887, the two front rooms on the second floor, and the back parlor and extension room, with the use of the more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123658757X
  • 9781236587572