Loew v. Antonick

HENRY C. KELLY, Superior Court Judge.

The action was begun by appellant, as plaintiff, to recover payments made by his predecessor in interest, as lessee, to appellees as lessors, for the rent of the last five months of a five-year term, the tenant having defaulted in the payment of current rent near midway of the term and the possession having been retaken by the landlord. The claim is that these payments have unjustly enriched the landlord, that it is inequitable that he should retain them, and that the tenancy being terminated they should be returned to the lessee. The plaintiff is not the…