Larkins v. Cohen

This is a summary proceeding to recover possession of land. From a judgment in favor of defendants, the plaintiffs appeal.

On July 9, 1931, by instrument in writing, the plaintiffs leased the premises in question to the defendant, Philip Cohen, for a period commencing August 1, 1931, and ending July 1, 1941. The land was to be used for a market place, the lease providing that the lessee should erect buildings thereon for this purpose.

Accordingly, on or about July 10, 1931, Philip Cohen entered into a contract with the Adler Construction Company whereby the latter agreed to construct the…