Terminal Restaurant, Inc. v. Binkow

PHILLIP GOLDMAN, Circuit Judge.

On January 17,1962, the parties to this cause by written agreement waived jury trial and submitted this cause on the testimony, evidence and pleadings theretofore filed in the cause, subject to oral argument. The court after consideration of the testimony, evidence, pleadings, oral arguments and briefs of the parties finds, concludes and orders as hereinafter set forth.

Findings

On January 13, 1958, plaintiff, Terminal Restaurant, Inc., leased from defendants, Charles E. Binkow and Ruth L. Binkow, restaurant premises for a term of four years beginning January 1,…