Gillingham v. Goldstone

Plaintiffs sue the defendants for return of security in the amount of $200 which had been given to the defendants at the time the parties entered into a lease on December 5, 1958. The lease provided that the security would be forfeited if the tenant vacated “ before one year ”. The tenants vacated on or about June 28,1959.

The tenants contended that there was an actual eviction on June 28, 1959, and that the defendants breached the implied covenant of quiet enjoyment. The contention of actual eviction was not sustained. However, in the court’s opinion, the preponderance of all the credible…