Martinique Realty Corp. v. Hull
Superior Court of New Jersey
166 A.2d 803 (1960)
The Martinique Corporation (Martinique) owned an apartment building and leased a unit to Hull in August 1957. The lease was for five years at $130 per month, which, including the security deposit, totaled $8,450 for the entire lease term. Hull paid the entire amount that month. In October, Hull agreed to exchange his apartment for a larger one, which cost $150 per month. The increase would be paid in annual installments of $240. A new lease was executed, reciting the total of $9,000 payable in installments of $150 per month, thus ignoring the prepayment. Instead, Hull was given a letter from Martinique acknowledging the prepayment and the $240 payment arrangement. Hull took possession in November. In December, Martinique sold the building to Cambrian Estates and leased it back from Cambrian. Martinique then sold its lease to Martinique Realty Corp. (Realty) (plaintiff), a separate entity. The Cambrian-Martinique leaseback agreement stated that Martinique could not accept prepayment of rent of more than one month from any sublessee. Hull refused to pay the monthly rent because of his prepayment, and Realty sued to collect unpaid rent. The trial court granted Hull’s summary judgment motion on the ground that Realty was chargeable with notice of Hull’s rights and subject to the defense of payment. Realty appealed.
Rule of Law
Holding and Reasoning (Freund, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.