Reading Co. v. Allied Oil Co.

WlNNET, J.,

This is an action to recover rent under the provisions of a written lease. The affidavit of defense sets up impossibility of performance by operation of law. Defendant pleads an order issued by the Office of Production Management *524which prohibited it from using the premises. Plaintiff has asked for judgment alleging the defense to be insufficient.

The lease was executed on March 4,1941. Under its terms defendant leased certain ground to be used for the storage, sale, and dispensing of petroleum and kindred products. Apparently, a petroleum service station was to be erected by…