Young v. Polack
Before: Heydenfeldt
Synopsis
Plaintiff and defendant took a joint lease for improving certain property; plaintiff, with consent of defendant, made, in his own name, a contract to make the improvements stipulated by the lease, which he performed, and paid or advanced all the expenses out of his own funds. This contract was drawn by defendant himself. Plaintiff claimed damage of defendant for the failure to advance funds on his part, as the buildings advanced, and the value of the buildings erected by him (the plaintiff).
The court below decreed that the plaintiff recover equal contribution of the money advanced by him, from the defendant, with three per cent, per month interest, the then current rate; which decree was affirmed by the Supreme Court;
Heydenfeldt, Justice, delivered the opinion of the court. Wells, Justice, concurred.
The plaintiff and defendant were joint tenants of an estate for years, and this bill was filed to compel the defendant to contribute for improvements made by plaintiff on the joint property.
The object of the appeal seems to be, to deprive the defendant of his interest in the lease. This of course it is impossible to do. The court below has gone very far, in rendering all the relief to which the plaintiff is entitled, and there is certainly nothing in the decree which can be the subject of complaint on his part.
The judgment is affirmed, with costs.
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