Nygard v. Juneau Yacht Club

FOLTA, District Judge.

When the plaintiffs rested, the defendant moved to dismiss the complaint on the ground that the notice given by the defendant of the termination of the lease did not constitute constructive eviction.

The plaintiffs leased the premises involved from the defendant for three years. The lease contains an express provision for forfeiture upon breach of the conditions specified. The notice of termination of the lease charges that the plaintiffs violated the provision prohibiting assignment of the lease and the subletting of the premises. At a conference between the parties the…