Allen v. Pell

Decided May 15, 1830

New York Supreme Court · decided 1830-05-15

Eekoe from the New-York common pleas. Allen took a lease of Pell of a house in the city of New-York for one year from 1st of May, 1825, at a rent of $200, to be paid quarterly ; the rent of the first quárter not to commence until the 15th of May, in consideration that the house might not be quite finished.

Good law ✅— No negative treatment on recordhow we know

Decided 1830-05-15

How this case has been cited

Cited by 8 later decisions — most recently July 1915

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Sutherland, J.

¶2The evidence offered by the plaintiff to shew that Mr. Pell had not complied with his agreement in finishing the house by the time stipulated, and that the premises were out of repair, was properly rejected by the judge. He ruled correctly, that if the plaintiff actually took possession of and occupied the house it was no excuse for the non-payment of rent that the house was out of repair, or that the defendant had not complied with his agreement; his remedy is by action for the breach of the agreement. The fact of talcing possession under a contract or lease creates a tenancy, and subjects the tenant to the payment of rent; and he cannot off-set any damage which may have accrued from the breach of his landlord’s agreement. This appears to be well settled. . (1 Saund. 204, n, 2. Cowp. 242. 1 T. R. 310. 11 Johns. R. 495. 8 id. 44.)

¶3Judgment affirmed.