4 Edw. Ch. 697
Decided June 23, 1846
New York Court of Chancery · decided 1846-06-23
The complainant, John Mitchell, desired to remain in certain leasehold premises as a tenant. They had been occupied by one William Augustus Spies, and whose lease was to end on the first day of May one thousand eight hundred and forty-five. He was desirous of moving out; and the complainant, as to hiring, was referred to the landlord, the defendant John Wilson.
Decided 1846-06-23
¶1The court is of opinion that time here, in relation to the giving of the security for the rent, was of the essence of the contract and could not be dispensed with. As the complainant failed to furnish the security within the time, he was not entitled to the aid of this court by injunction to protect him in possession as a tenant.
¶2Order, that the injunction be dissolved. Costs will abide the event.