Stone v. Weidy

The jury has found that, on August 1, 1928, plaintiffs leased to defendants certain premises for store purposes for a period of ten months at $100 per month. The defendants did not enter into possession. About the middle of September following plaintiffs leased these premises to a third party for a period of six weeks for $100. The third party occupied the premises for the period and paid the rental. This second lease was made without notice to, and without the knowledge or consent of, the defendants. The action is to recover the rent for the entire period of the first lease. Under an…