¶1No specific time was fixed for the completion of the repairs by the landlord. There was, therefore, no breach of covenant on his part. The rent became due and payable under the lease, and was not paid. A tender was made; but, to be available, it must be kept good at all times. The debt is not paid by the tender. There was nothing in the case which required its submission to the jury. The direction in favor of the plaintiff was right, and the judgment must be affirmed, with costs.
1 N.Y.S. 69
Cronin v. Epstein
City of New York Municipal Court
Decided May 28, 1888
City of New York Municipal Court · decided 1888-05-28
This action was brought by Francis Cronin and another against Simon Epstein for rent of premises for the month of May, 1887, under a sealed lease by the plaintiff to the firm of Kantrowitz & Epstein, for a term of years, beginning May 1st, the rent payable monthly in advance.
Decided 1888-05-28