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Prospect Point Land Improvement Co. v. Jackson

Decided: October 17, 1932.

PROSPECT POINT LAND IMPROVEMENT COMPANY, RESPONDENT,
v.
SEWARD B. JACKSON, APPELLANT



On appeal from the Supreme Court, whose per curiam opinion is printed in 9 N.J. Mis. R. 1062.

For the appellant, Lawrence Day.

For the respondent, H. Warner Doremus.

Parker

The opinion of the court was delivered by

The opinion of the court was delivered by

PARKER, J. The suit originated in the District Court of the First Judicial District of Morris county, and was by landlord against tenant for unpaid rent reserved by a written lease under seal, of lands in Sussex county. In response to a demand therefor, the following defenses were specified:

"1. Defendant denies he is indebted to the plaintiff.

"2. Plaintiff did not have good right and title to make the lease to the premises described and incorporated in the state of demand.

"3. Plaintiff, by its fault and neglect, caused the defendant to be evicted from the full use and enjoyment of the premises leased."

The lease was for two years from May 15th, 1929, at $300 per year, one-third payable in July, August and September. The property is of the class devoted to summer bungalows, which it was contemplated the tenant should erect, the lease

giving him the right to remove them. On July 4th, 1930, defendant vacated, claiming an eviction, and refusing to pay further rent.

The demised lands are situate on the northwesterly shore of Henderson Cove in Lake Hopatcong. It is admitted that the only access to them by the tenant was by water. About one hundred feet to the south a twenty-five foot driftway ran to the shore, ...


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