Mid-Century, Limited v. United Cigar-Whelan St. Corp.

HOLTZOFF, District Judge.

This is an action to recover a liquidated sum of money alleged to be due pursuant to a written instrument. The Court directed a verdict in favor of the plaintiff for the full amount claimed, with interest. The defendant now moves for judgment notwithstanding the verdict, or, in the alternative, for a new trial.

The obligation on which the suit was brought was a supplement to a long term lease, and provided that if the lease were cancelled in accordance with its terms, the lessee would reimburse the lessor for the broker’s commission and architect’s fees incurred by the…