Metropolitan Life Insurance v. Schottland

Eder, J. (dissenting in part).

The relationship of the tenants-respondents herein as joint lessees was created by agreement; it did not arise from the fact that they are husband and wife; their rights, I feel, should be considered from that standpoint. Both the appellant’s attorney and the Office of Price Administration’s counsel acknowledge that Anne Schottland was not included in the Office of Price Administration’s certificate authorizing the institution of this proceeding; the certificate, admittedly, only authorizes the proceeding against the tenant Harold Schottland. Both lawyers…