New York Court of Appeals

Abraham S. Friedland, Respondent v. Lewis Myers, Appellant

October 10, 1893139 N.Y. 432

Summary

The Court held that a lessee who prepares a leased premises for a special purpose known to the lessor may recover the actual and necessary expenses incurred when the lessor breaches the covenant of quiet enjoyment, but the lessee cannot recover losses on perishable inventory purchased before possession because the purchase was not necessary and the risk of depreciation was assumed.