Jacobs v. J. C. Penney Co.

STONE, District Judge.

Plaintiff seeks a declaratory judgment on the pleadings, determining the rights of the parties under a lease and subsequent agreements relating thereto, all of which are made a part of the complaint.

Plaintiff contends that defendant is now occupying the premises as a tenant from month to month while defendant claims that it is a tenant for yearis, for two terms, one for a period of five years from July 31, 1946, and the other for a five year period from July 31, 1951.

The facts are not in dispute. On April 20, 1936, defendant leased the premises located in Monroe,…