Judges: Gildersleeve
Filed Date: 12/15/1904
Status: Precedential
Modified Date: 11/12/2024
This action is brought by a tenant against her landlord to recover damages for the breach of 'an alleged collateral oral agreement. The complaint alleges that the defendant agreed that, in consideration of the signing by plaintiff of a lease of No. 132 West Sixty-fourth
Upon the trial the plaintiff offered evidence, which the jury were at liberty to believe, tending to show that prior to the execution of the lease, and as an inducement and consideration for it, the said defendant agreed to make the repairs to the said premises, to be completed before the commencement of the term; that the defendant unreasonably neglected to comply with this agreement, and that plaintiff was damaged thereby in a sum exceeding the amount of the verdict. There is no doubt that such evidence was competent for the purpose of showing an independent contract collateral to the lease, notwithstanding such contract was oral, while the lease was in writing and under seal. See Van Derhoef v. Hartmann, 63 App. Div. 419; Clenighan v. McFarland, 11 N. Y. Supp. 719; 2 McAdam Landl. & Ten. (3d ed.) 1256.
The appellant claims that an improper measure of damages was adopted. We cannot agree with this contention. The plaintiff hired the premises to be used as a boardinghouse, of which fact defendant was aware. A certain number of rooms were rendered unrentable by reason of defendant’s breach of contract. The lease was made with reference to the use as a boarding-house, and an allowance to plaintiff
The whole case was submitted to the jury clearly and correctly by the learned court below. The verdict of the jury is sustained by the evidence, and we find no reason for interfering with the judgment rendered.
The judgment and order are affirmed, with costs to the respondent.
Freedman, P. J., and Bischoff, J., concur.
Judgment and order affirmed, with costs to respondent.