Summary
In Winship v. Pitts (3 Paige Ch. 259) Chancellor WALWORTH, although holding that an injunction was properly refused to restrict the erection of a building upon premises where the lease did not specifically limit the use thereof, nevertheless (at p. 262) said: "I have no hesitation in saying, that by the law of this State, as now understood, it is not waste for the tenant to erect a new edifice upon the demised premises; provided it can be done without destroying or materially injuring the buildings or other improvements already existing thereon.
Summary of this case from Brokaw v. FairchildOpinion
February Term, 1898.
Judgment and order affirmed, with costs. All concurred, except Adams, J., dissenting on the ground that there is no proof of the absence of contributory negligence.