Binder v. Jaffe

CAYTON, Chief Judge.

An owner sued for possession of commercial property on the ground that the tenants were holding under an expired lease. On motion for summary judgment the trial court decided the case in favor of the owner, and tenants have brought this appeal.

The property had been demised to the tenants by a formal lease for a five-year term expiring January 2, 1953. Before the expiration date the lessees requested a six months’ extension, which lessor granted. The extension was evidenced by an instrument in writing signed by all parties, and expressly providing that the extended period…