Peoples v. New England Lumber & Box Co.
| Decision Date | 14 June 1928 |
| Citation | 107 Conn. 724,142 A. 387 |
| Parties | PEOPLES v. NEW ENGLAND LUMBER & BOX CO. |
| Court | Connecticut Supreme Court |
Appeal from City Court of Hartford; Herbert A. Ross, Judge.
Action by Alexander F. Peoples against the New England Lumber & Box Company to recover an alleged balance of rent under a lease to defendant of premises owned by plaintiff. From a judgment for plaintiff for less than he asked, he appeals. No error.
Ralph O. Wells, of Hartford, for appellant.
Josiah H. Peck, of Hartford, for appellee.
Argued before WHEELER, C.J., and MALTBIE, HAINES, HINMAN, and BANKS JJ.
On March 15, 1917, the plaintiff leased to the defendant certain real estate in Hartford for the term of ten years from that date at the yearly rent of $400, payable in equal monthly payments. The lease contained a provision that--
The lessee " shall have the option or privilege of renewing this lease for an additional term of ten years beyond this term at the same rental, except that, if by the end of the tenth year the amount of taxes on the property shall have been increased by an amount of at least $25.00 over the amount assessed at the date of this lease, then the amount of such excess, together with the amount of any excess thereafter paid, shall be added to the rent provided for herein."
This option was exercised, and the sole question presented by the present action is the amount of rent payable during the first ten months of the renewal period, which amount depends upon the construction to be accorded the above-quoted provision of the lease.
The trial court computed the rent recoverable by adding to the annual rent under the original lease ($400) the difference between the tax assessed on the property on the list of 1916 ($26.65) and that on the list of 1926 ($105), which is $78.35, making the rental for the period in suit at the rate of $478.35 per year, or $39.85 per month. Continued payments of rent at the former rate, $33.33 per month, having been made by the defendant, judgment was rendered for the difference, $6.52 per month, a total of $65.20. The defendant concedes and contends for the correctness of this computation.
The plaintiff insists, however, that the renewal clause of the lease requires the defendant to pay, in addition to the amount allowed by the trial court, a further sum computed by adding together the taxes paid on the leased premises for each of the ten years during the original lease and subtracting from this total ten times the tax assessed on the list of 1916, the difference being $491.08 and making the total annual rent...
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Dugan v. Grzybowski
...more fair, reasonable and rational is to be preferred. Perruccio v. Allen, 156 Conn. 282, 286, 240 A.2d 912; People v. New England Lumber & Box Co., 107 Conn. 724, 726, 142 A. 387; Volk v. Volk Mfg. Co., 101 Conn. 594, 602, 126 A. 847. The plaintiff's theory collapses, however, not simply b......
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Texaco, Inc. v. Rogow
...or more interpretations, the one which is the more equitable, reasonable and rational is to be preferred. Peoples v. New England Lumber & Box Co., 107 Conn. 724, 726, 142 A. 387; Hamden Holding Corporation v. United Men's Shops, Inc., 127 Conn. 500, 502, 18 A.2d 356. Furthermore, words in a......
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Regency Savings Bank v. Westmark Partners, (AC 19683)
..."would intend or consciously enter into an agreement which is unfair and inequitable to himself...." Peoples v. New England Lumber & Box Co., 107 Conn. 724, 726, 142 A. 387 (1928). The court's conclusion is not in accord with this court's well settled reluctance to "conclude that a contract......
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Hamden Holding Corp. v. United Men's Shops, Inc.
... ... [127 Conn. 503] the ‘ more fair, reasonable, and ... rational.’ Peoples v. New England Lumber & Box ... Co., 107 Conn. 724, 726, 142 A. 387, 388 ... The ... ...