Crawford v. Redding

New York Court of Common Pleas

Crawford v. Redding

28 N.Y.S. 733, 8 Misc. 306, 59 N.Y. St. Rep. 278

DecidedMay 17, 1894

StatusPublished

This text of 28 N.Y.S. 733 (Crawford v. Redding) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crawford v. Redding, 28 N.Y.S. 733, 8 Misc. 306, 59 N.Y. St. Rep. 278 (N.Y. Super. Ct. 1894).

Pincite

Opinion

BOOKSTAVER, J.

There is no implied warranty in the lease-under consideration that the premises were fit for the purposes for which they were rented, while there is an express covenant on the part of the tenant that he will keep the premises in repair. The case is barren of any proof that the premises became untenantable by reason of any sudden disaster of any kind, but the testimony rather tends to show that they became dilapidated by gradual decay, which was one of the things the tenant undertook to guard against by his covenant in the lease. The judgment is therefore clearly erroneous, and it must be reversed, with costs to the appellant.

Free access — add to your briefcase to read the full text and ask questions with AI

BOOKSTAVER, J.

There is no implied warranty in the lease-under consideration that the premises were fit for the purposes for which they were rented, while there is an express covenant on the part of the tenant that he will keep the premises in repair. The case is barren of any proof that the premises became untenantable by reason of any sudden disaster of any kind, but the testimony rather tends to show that they became dilapidated by gradual decay, which was one of the things the tenant undertook to guard against by his covenant in the lease. The judgment is therefore clearly erroneous, and it must be reversed, with costs to the appellant.

Cite This Page — Counsel Stack

Bluebook (online)

28 N.Y.S. 733, 8 Misc. 306, 59 N.Y. St. Rep. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-redding-nyctcompl-1894.