
    Robert McBratney, Respondent, v. William C. Heydecker, Appellant.
    (New York Common Pleas—General Term,
    May, 1894.)
    An agent has a right to make a personal contract to pay a sum of money to a tenant if he will surrender possession before the termination of the lease, and will be bound by such agreement if the other party fulfills on his part.
    Appeal from a judgment of the District Court in the city of Row York for the first judicial district.
    Action to recover for breach of contract by which defendant, who was the agent of his mother, promised and agreed that if the plaintiff would surrender a house occupied by him under lease from defendant’s mother before the expiration of said lease he would pay to the plaintiff thirty dollars to reimburse him for his trouble and expense, in pursuance of which agreement the plaintiff moved out of the premises.
    
      Welch <& Daniels, for appellant.
    
      Henry B. Ki/nghorn, for respondent.
   Per Curiam.

This action was brought for a breach of contract. The evidence seems to be uncontradicted that the contract to pay the sum of thirty dollars was made directly between the plaintiff and the son of the lessor, who was also her agent. He had a right to make a personal contract of the nature under consideration, and would be bound by its terms if it was performed. There may be some question as to whether or not at one time the respondent intended to fulfill, but the fact appears without contradiction that he did thereafter, and within the time limited by the contract, fulfill all its terms. Hence, there could be no rescission of it, as argued by the appellant, and he became entitled to the money which was promised by appellant, and, therefore, the judgment should be affirmed, with costs.

Present: Bookstaver, Bischoff and Pryor, JJ.

Judgment affirmed, with costs.  