Williams v. John F. Donohoe & Sons, Inc.

CAYTON, Chief Judge.

Tenants appeal from a judgment requiring them to vacate commercial property which they were occupying under an expired lease. The lease bound the lessees to “quietly and peaceably surrender said premises * * *, ” at the expiration date, January 31, 1949. The tenants failing to vacate, this action for possession was filed two weeks later.

In evidence was a letter from the agent for the owners, addressed to the tenants, dated August 30, 1948, reading: “The owners of the premises you occupy at 320-322 Pennsylvania Avenue S.E. will require possession at the end of this lease.…