Gately and Fitzgerald v. Saladoff

Opinion by

Gunther, J.,

Plaintiff, Gately and Fitzgerald, a corporation, filed the complaint in assumpsit to recover the sum of $463.50 as rentals paid in advance to the defendant under the terms of a written leasé. On July 23, 1951, the parties entered into a written arrangement whereby the plaintiff was to be released from the balance of the term of the lease in consideration of the payment of $927. There was a further understanding that in the event the landlord would be successful “in leasing the first floor and basement prior to September 30, 1951, a proportionate share of the rentals…