Earle v. Gillies

Appellate Terms of the Supreme Court of New York

Earle v. Gillies

92 N.Y.S. 239

Appellate Terms of the Supreme Court of New York·Decided February 28, 1905·Published

Opinion

PER CURIAM.

The judgment in favor of the defendant appears to have been rendered upon the theory that there had been a surrender and acceptance of the demised premises. No authority was shown, however, in the agent with whom the defendant had the negotiations, either to accept the surrender or to release the defendant. Such authority was necessary. Baylis v. Prentice, 75 N. Y. 604.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.

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

PER CURIAM.

The judgment in favor of the defendant appears to have been rendered upon the theory that there had been a surrender and acceptance of the demised premises. No authority was shown, however, in the agent with whom the defendant had the negotiations, either to accept the surrender or to release the defendant. Such authority was necessary. Baylis v. Prentice, 75 N. Y. 604.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.

Earle v. Gillies, 92 N.Y.S. 239 (N.Y. Ct. App. 1905).

Pincite

92 N.Y.S. 239 (Earle v. Gillies) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related