Margaret Gardner and D. H. Gardner v. Darling Stores Corporation

LUMBARD, Circuit Judge.

This is an action for the breach of several terms of a lease. The court directed a verdict on two of the issues and the jury found for the plaintiff on the third. We affirm.

On March 1, 1946, plaintiff, Margaret Gardner, a citizen of Ohio and defendant, Darling Stores Corporation, incorporated in New Jersey, entered into a 99 year lease, by which Mrs. Gardner leased property on South Main Street in Akron, Ohio to Darling Stores. Dar ling Stores was to erect a building within a reasonable time after May 1946, to assume all of Mrs. Gardner’s liabilities and obligations on…