MARTINIQUE REALTY CORP. V. HULL
64 N.J.Super. 599 (1960)
NATURE OF THE CASE: This was a dispute over prepaid rents.
FACTS: An apartment building was owned by the Martinique, a New Jersey corporation. That
corporation entered into a five-year lease with D for a 1.5 room apartment. The gross rental
with security deposit was $8,450 with rent payable at $130 per month. Hull (D) gave a check
for the entire balance due in advance. A few months later D exchanged that apartment for a
larger one and that D would make up the difference of $20 per month in annual installments
of $240 per year. A new lease was executed but it ignored the terms of the first lease and
did not account for the prior payment of rent in advance. In December of 1957, the complex
was sold to Cambrian Estates, Inc. and Martinique took back a leasehold interest and
eventually that interest was sold to P, a separate and distinct corporation. D did not
record their leasehold interest until July 16, 1958. D eventually got a notice for rent due
and refused to tender payment as he had paid in advance. P sued D, and d asserted the
defense of payment. D was granted a motion for summary judgment. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment