O'Leary v. Hallies

The landlords instituted this proceeding against the tenant and undertenants to recover possession for nonpayment of rent. The tenant defaulted; the undertenants defended, and after trial the petition was dismissed as to them and landlords appeal.

The demised premises which were let to the tenant (Hollies) comprise a corner store and basement space under the store.

The undertenant Brest occupies a space four feet deep, twelve feet high and twelve feet wide, completely partitioned off from the remainder of the store, and half the entire cellar, which is not partitioned from the rest of the…