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Corn v. Bergmann

Supreme Court of New York, Appellate Division

June 2, 1911

HENRY CORN, Appellant,
v.
SAMUEL BERGMANN and DAVID TURKEL, Composing the Firm of BERGMANN & TURKEL, Respondents.

APPEAL by the plaintiff, Henry Corn, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 26th day of January, 1911, upon the verdict of a jury, and also from an order entered in said clerk's office on the 18th day of January, 1911, denying the plaintiff's motion for a new trial made upon the minutes.

COUNSEL

Page 219

George Hahn, for the appellant.

William Henry Corbitt, for the respondents.

OPINION

MCLAUGHLIN, J.:

On September 17, 1907, the plaintiff's agent, one Kohn, went to the defendants' place of business for the purpose of leasing to them the fifth and sixth floors of a building owned by his principal, located at 32-36 West Eighteenth street, New York city. He had an interview with the defendants, at the conclusion of which they signed and delivered to him the following writing:

'NEW YORK, Sept. 17th, 1907.

'Mr. HENRY CORN:

'DEAR SIR.--We hereby lease from you the fifth and sixth floors in the building now being erected by you at 32, 34 and 36 West 18th Street, New York City, for the term of five years, beginning February 1st, 1908, at the annual rental of $8,375 (Eight thousand three hundred and seventy-five dollars), the leases for same to be drawn in the usual form employed by you, and to be executed as soon as presented to us.

'Yours truly,

'SAMUEL BERGMANN.

'D. ...

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