Brittain v. Atlantic Refining Co.

The opinion of the court was delivered by

Wells, J.

This is an appeal from the judgment entered upon the granting of a nonsuit by the trial court sitting in the Supreme Court with a jury at the Essex Circuit.

The defendant company, as the owner of certain premises at Glenwood avenue and Lackawanna Plaza, Bloomfield, leased such premises on September 1st, 1937, to one Earl I. Earner. This property had been constructed for use as an automobile service station, and the land, building and equipment were rented to Earner for such use.

Under the terms of the lease the tenant, Ramer, agreed to repair or…