Mutual Life Insurance Co. of New York v. Tailored Woman
Court of Appeals of New York
128 N.E.2d 401 (1955)
Mutual Life Insurance Co. of New York (Mutual) (plaintiff) leased commercial space to Tailored Woman (defendant) under two leases. In accordance with the first lease, Tailored Woman occupied the basement and first through third floors of a building that Mutual owned. The lease provided that Tailored Woman would sell the same or similar merchandise that it had at its previous location, namely furs. The lease provided that Tailored Woman would pay a set rental fee and a percentage of profits from the business. The lease also provided that Tailored Woman would not divert sales from these floors. Tailored Woman then entered into a second lease with Mutual, whereby Mutual agreed to lease the fifth floor of the building to Tailored Woman. This second lease provided that Tailored Woman would pay a set rental fee, but did not require Tailored Woman to pay a percentage of profits. The second lease provided that Tailored Woman could sell women’s merchandise on the fifth floor, without limitation as to the type of merchandise. The second lease provided that the parties agreed that it would not interfere with the first lease. Without notice to Mutual, Tailored Woman moved the portion of its business selling furs to the fifth floor of the building and refused to pay a percentage of profits from those sales. Mutual brought suit seeking the percentage of sales that were due to it under the first lease.
Rule of Law
Holding and Reasoning (Desmond, J.)
Dissent (Burke, 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 175,000 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.