Property Law Keyed to Singer
DePeyster v. Michael
A lease was made between Mr. Rensselaer, the lessor, and Mr. Snyder the lessee. Both parties assigned his rights to the lease to other parties. The lessor assigned his right to lease to the plaintiff Mr. DePyester, and the lessee assigned his rights to the defendant Mr. Michael. The lease was for forty-eight bushels of wheat and a few conditions. Condition one; was that quarter sales of all profits made by the lessee his heirs and assigns to be given to the lessor. Profits included the sale, renting of, or assigning of the lease. Condition two; the lessor had the first right of refusal of all sales of the premises. Condition three; upon refusal to purchase if the lessee did not give one-fourth of the profits from that sale then the lessor has the right to eject the lessor. Condition four; if the lessee becomes more than forty days late on his rent then the lessor could also eject the lessee. Facts at trial showed that the premises was sold to the defendant and the lessor, here the plaintiff, was not given one-quarter of that sale. The lessor moved to eject the new lessee that was assigned the premises.
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