New York Supreme Court October 15, 1834 (M'Nish v. Coon)

By the Court,

Sutherland, J.

The sale and removal of the mill in the fore part of October is a decisive fact against the defendant. The plaintiff had a right to wait as long as he pleased before he demanded the sawing, so that time enough was left to the defendant to perform it before the expiration of the lease, which was the sixth day of November.