19 N.Y.S. 627 | N.Y. Sup. Ct. | 1892
The action was brought to compel the specific performance of a covenant of renewal in a lease which reads as follows: “And the said party of the first part hereby covenants and agrees to and with the said party of the second part that she will, on the expiration of the term hereby granted, renew said lease, or will sell said property to the said party of the second part at its then market value.” By assignment of the lease, the plaintiff succeeded to the rights of the original lessee, as did the defendant, by virtue of a conveyance from his executors to those of the original lessor. So that as between the parties to the record the question is to be disposed of as though we had the original parties to the lease before the court. Prior to the expiration of the term, plaintiff demanded from defendant a renewal of the lease for another term of six years at the same rent, which ivas refused; and upon such refusal, this action was brought. With respect" to this covenant, two questions are presented for determination,—one as to whether, under the covenant, the option of the renewal of the lease or the sale of the premises rested with the lessor or the lessee; and, second, assuming it rested with the lessee, upon exercising such option for a renewal, was the covenant sufficiently definite to entitle him to a specific performance?
Both these questions were determined adversely to the plaintiff, and in the conclusion reached by the learned judge below we concur, though upon grounds—which may be briefly stated—different from those specified by him in liis opinion. He was of opinion that specific performance could not be de
Van Brunt, P. J., concurs in result. Patterson, J., concurs.