94 N.J.L. 4 | N.J. | 1920
The opinion of the court was delivered by
This case was tried before Judge Speer without a jury. The action is founded upon a lease made by the plaintiff to the defendant corporation. The instrument was dated April 28th, 1917, and created a term of twelve years and a half from the 1st of the following May. A money rental was provided a.t the rate of $2,040 per year, from the 1st day of May, 1917, until the 1st day of June, 1918, and thereafter at an annual rental of $1,800, all to be
The case shows that the defendant liad plans and specifications made for the proposed changes in the building, but that when those plans ail'd specifications were submitted to the building superintendent- of Jersey City they were disapproved. That thereafter a second set of plans and specifications was prepared; and that they were also disapproved. And further, that a permit was denied by the commissioners of Jersey City for the alteration of the building in the way exhibited by these plans and specifications. That-tliexeupon, on November 30th, 1911, the defendant gave notice to the plaintiff that- it could not make the alterations and do the work specified in the lease because of the action of the city commissioners, and then declared that the lease was at an end because it was impossible for it to make such alterations and do such work; and notified the plaintiff that it surrendered the premises to him for that reason. Suit was thereupon brought by the plaintiff for breach of the provisions of the lease, and the trial judge found in his favoi*, assessing his- damages at $12,118.39, the various sums going to make up this amount being apportioned to the different obligations of the defendant Created by the lease.
The principal ground upon which we are asked to make this rule absolute is, that the lease was- terminated by the action of the defendant of November 30th, 1911, and for the
It is further argued that the rule should be made absolute, for the reason that the award is excessive, in that it did not credit the defendant with a certain amount of money paid by it on account of rent, namely, $350. We axe not referred to anything in the proofs that would justify this assertion. On the contrary, our examination of the figures upon which the award was based satisfies us that this deduction was made by the trial judge.
Further, it is contended that there should have been deducted from tlje rent allowed the sum of $500 paid by the Eecl Cross to the plaintiff as rent for their subsequent use and occupation of the premises with the latter’s consent. This 'sum was not credited b}r the trial judge, although its payment was admitted by the plaintiff while on the witness-stand. Counsel for the defendant contents himself with saying that the credit should have been made, without more; plaintiff’s counsel asserts that it ought not to have been allowed, but gives no reason for this assertion. We consider that this pajrment should have been credited on account of the rent; and,
It is further alleged that the value of certain so-called improvements made upon the premises by the Eed Cross ought to be credited to the defendant in determining the amount of his obligation. Counsel for the defendant gives no reason in support of this claim, and we axe unable, without Ms help, to see any just ground for its allowance.
If the plaintiff will consent to reduce the amount of the award by $500 lie may enter judgment for the reduced amount, otherwise the rule to show cause will he made absolute.