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22 Jones & S. 87

Sloan v. Martin

The Superior Court of New York City

Decided December 17, 1886

The Superior Court of New York City · decided 1886-12-17

Action to restrain a breach of a covenant, contained in a lease made by George Sloan, of whose will the plaintiff was sole executrix, to William R. H. Martin and Frank R. Chambers, not to assign the lease or un derlet the premises, or any part thereof, without the landlord’s consent. The defendants, Martin and Chambers, threatened to underlet a portion of the demised premises to defendant, The American News Company, for a term of sixty days.

Decided 1886-12-17

Per Curiam.

¶1The premises described in the complaint were leased to the defendants, who covenanted not to assign the lease or under-let the premises or any part thereof without the landlord’s consent in writing.

¶2By that covenant the plaintiff reserved to herself the right to refuse to allow a person to occupy the premises without her consent. To this the defendants have agreed. It will not do to say that the defendants consider the proposed tenant unobjectionable. The covenant is that plaintiff shall consent. The plaintiff is the one who is to determine that question.

¶3The court cannot substitute its judgment for that of the lessor. The papers show that it would be impossible to accurately ascertain the damages that would arise from the breach of this covenant, and no facts are shown which would make it inequitable to enforce such covenant.

¶4*92On the case as presented by the affidavits, we think the plaintiff was entitled to the injunction granted, and the order appealed from should he affirmed with |10 costs and disbursements.

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