Citations
- 107 N.Y. 277
Full opinion text
Danforth, J.
On the 1st day of November, 1880, the plaintiff’s assignor demised to the defendants certain premises, and among others a bonded warehouse known as the Baltic stores. The lease was executed by both parties and after a description of the property contained these words: “ To have and to hold the above described premises for the term of one year from the 1st day of November, A. D. 1880, yielding and paying therefor the rent of sixty-five hundred ($6,500) dollars per year. And the said party of the second part hereby agrees and promises to pay the said rent in equal quarterly payments, and to quit and deliver up the premises to the party of the first part, or its attorney, peaceably and quietly at the end of said term in as good order and condition, reasonable use and wearing thereof excepted, as the same now are, or may be put into by the party of the first part, and to pay the rent for said term, and/also for such further time as the party of the second part may hold the same, and not make or suffer any waste thereof.”'
The plaintiff alleged by his complaint that the year for which the’premises were demised to the defendants ended on the 1st day of November, 1881, but notwithstanding that cited by the appellant require any different conclusion. Western Transportation Company v. Lansing (49 N. Y. 499) was an action for specific performance, by the landlord, of a. covenant not unlike the present, and which the lessee claimed entitled him to renewal of the lease for a term like that originally granted. But the court held he was not entitled to it, and the whole reasoning of the judge in that case aids the-defendant's here, for it shows that the implications upon which the plaintiff relies cannot be indulged in.
Other propositions are argued by the appellant and have-been examined. We do not find that they point to any error in the judgment of the court below. It should, therefore be-affirmed.
All concur, except Huger, Oh. J"., not voting.
Judgment affirmed.