Yaffe v. American Fixture, Inc.

HYDE, Judge.

Plaintiff sued defendant for the final six $1,000 monthly rental installments claimed to be due on a lease and had judgment for $3,300. Defendant counterclaimed for damages for breach of covenant alleged to have been caused by failure to promptly restore the leased premises after damage by a windstorm and had judgment for $14,-000. Both parties have appealed and notice of appeal was filed prior to January 1, 1960.

Plaintiff made a lease of a five-floor warehouse to defendant for a term commencing April -1, 1953, and terminating March 31, 1958, with monthly payments of $1,000. The…