Owl Club, Inc. v. Gotham Hotels, Ltd.

We are presented here with a question both narrow in scope and in no way remarkable. The details of what happened make interesting but hardly exciting reading. We shall confine ourselves, however, to those facts and circumstances pertinent to the issue.

On 24 July 1972 the appellant (Owl) sued the appellee (Gotham) and The Snowden Corporation (Snowden). With but minimal editing the declaration is as follows:

COUNT 1

FOR THAT on or about June 1, 1971, Gotham was owner and operator of the Belvedere Hotel and it entered into a written lease with Snowden whereby it leased the entire premises for a…