Bander v. Leverty Drug Co.

This is an application for advice concerning the validity of a lease, which came on for hearing before the undersigned, in chambers, on August 14, 1941. Although no order to show cause had been issued, the lessor was represented by counsel who, with an attorney appearing for the receiver of the defendant lessee, joined in requesting an immediate hearing. At the hearing the receiver testified in support of the facts alleged in the motion, and was cross-examined by counsel for the lessor.

Counsel for the lessor cooperated in the disposition of the matter by expressly stipulating that the sole…