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PENNSYLVANIA CEMENT CO. v. BRADLEY CONTRACTING CO.

No. 275.

11 F.2d 687 (1926)

PENNSYLVANIA CEMENT CO. v. BRADLEY CONTRACTING CO. Appeal of CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

April 5, 1926.

Attorney(s) appearing for the Case

Samuel Plumer, of New York City, for appellant.

Leo Oppenheimer, of New York City (Samuel H. Kaufman, of New York City, of counsel), for appellees.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

This case turns upon the law of New York, involving as it does real property situated in that state. Thorley v. Pabst Brewing Co., 179 F. 338, 102 C. C. A. 522 (C. C. A. 2). It is the settled law of that state, following the English rule, that, pending the term, a lessor may not recover the cost of repairs upon default by the lessee upon a covenant to keep the tenement in repair, but is confined to the difference...

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