68 N.J. Eq. 671 | N.J. | 1905
The opinion of the court was delivered by
By a formal agreement under seal, entered into by the parties to this litigation on May 20th, 1902, the respondent (a brewing company) contracted to lease to the appellant certain premises in the city of Newark, and to expend tire sum of $2,500 — and $1,000 more, if necessary — in fitting them up‘ for use as a beer saloon by him. He agreed, on his part, among other things, to
By the decree of the court of chancery it was adjudged — first, that the appellant was entitled to have a written lease executed
The opinion filed in the court of chancery by the learned vice-chancellor who heard the cause contains a full statement of the facts out of which the controversy arose between the parties with relation to the amount due upon the chattel mortgage, and also the reasons upon which his finding rests that the amount due was the sum above stated. A restatement of either of them by this court is not necessary. It is enough to say that this portion of the decree is affirmed on that opinion.
The vice-chancellor placed his conclusion that the appellant is not entitled to have a provision permitting him to sell Milwaukee beer in unrestricted quantities, upon two1 grounds— first, that the agreement for the sale of liquors contained in the contract of May 20th, 1902, is a restriction of the use of lands, an equity attached to them by the lessor, and that a subsequent parol agreement altering it, if made, is void under the statute of frauds; and second, that it was not shown that the president of the company had authority to modify the contract in the manner claimed by tire appellant.
We concur in the view of the vice-chancellor that the agreement of the president of tire company to modify the provision in the contract relating to the sale of liquor (if such agreement was made by him) did not bind the respondent. No' attempt was made to show any express authority conferred upon him
Reaching the conclusion that the agreement of the respondent company’s president to modify the provision of the contract of May 20th, 1902, relating to the sale of liquors (if such an agreement was made by him) did not bind the respondent, we find it
The decree appealed from must be affirmed.