Citation Numbers: 5 Daly 379
Judges: Daly
Filed Date: 5/15/1874
Status: Precedential
Modified Date: 2/5/2022
The account given by defendant and his witness, of the agreement between himself and plaintiff, is flatly contradicted by the memorandum of the agreement reduced to writing, signed by defendant. That was the first agreement between the parties spoken of by plaintiff. By it the plaintiff was to pay the defendant half a month’s rent of the store and come under full months’ rent for the premises, on November 1st, to the landlord. In view of the knowledge of all parties, that the defendant had then in his hands the rent of the subtenants for the whole month of October, which he had collected, and was to receive iq. addition thereto the rent of the store for the balance of October, from the plaintiff, it was clearly the intention that defendant was to pay the landlord Wettyen the full rent for that month.
The subsequent alteration of this agreement between the parties, was in two points only, viz., that the plaintiff was to take the lease from October 1st, instead of November 1st, and was to receive from defendant half a month’s rent of the store and a month’s rent of the premises in the building occupied by defendant, instead of paying half a month’s rent of the store to defendant. This was upon the defendant’s suggestion that it would be equal to the arrangement first made—•“ equal to him paying me for half a month and making the lease from
The plaintiff had a right to demand, and receive from the defendant, the rents for October, collected from the subtenants,- and the recovery being for that sum, the judgment must be affirmed.
Daly, Ch. J., and Loew, J., concurred.
Judgment affirmed.