Maybury Shoe Co. v. Izenstatt

This action of contract is brought to recover from the defendant damages for the alleged breach of -an implied covenant not to impair the obligation of an assignment of a lease. The case was heard by a judge sitting without a jury. He found for the defendant. The plaintiff having failed through inadvertence to except seasonably to the refusal of the judge to rule that “on all the evidence the . plaintiff is entitled to recover,” the judge reported the case for determination by this court.

The material facts disclosed by the report follow. On January 23, 1930, the Rochester Factory Holding…