# McGrath v. Brown

> New York Supreme Court · January 7, 1873 · 66 Barb. 481

URL: https://www.frixlaw.com/law-library/cases/5462816

## Case

- **Full name:** McGrath and others v. Brown
- **Court:** New York Supreme Court
- **Decided:** January 7, 1873
- **Citations:** 66 Barb. 481; 1873 N.Y. App. Div. LEXIS 183
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Mullin
- **Judges:** Mullin
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5462816

## Opinion text

By the Court,
Mullin, P. J.
Before the plaintiffs can maintain an action for breach of an agreement to give a lease, they must prove that a valid agreement to lease was entered into, between the parties.
If I understand the evidence, no agreement was ever concluded between the parties. The defendant refused to agree to lease until satisfactory security was furnished, and this was not done. An offer to give it, unaccepted, was of no consequence. Had the defendant *483 made an agreement by which he was bound to give a lease on receiving satisfactory security, he could not arbitrarily refuse to accept security proved to be sufficient. But until he was legally bound to accept such security he might conscientiously refuse to' accept any.
[Fourth Department, General Term, at Buffalo,
January 7, 1873.
Such is the condition of the defendant. He was not bound by any contract to lease, but on the contrary refused to bind himself to do so.
The motion for a new trial is denied, and judgment of nonsuit ordered for the defendant.
Mullin, Talcott and E. D. Smith, Justices.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5462816. Public record. Not legal advice.