Mazo v. Burke

HatcheR, Judge :

In 1923 J. L. Burke procured a lease for years of a room in a building in the city of Huntington, from Harry Mazo. Burke fitted up the room at his own expense, and conducted it as a restaurant until about June 1, 1924. About that date Burke agreed to sell the restaurant fittings to Y. W. Gould, provided Gould could lease the room from Mazo. Such lease from Mazo to Gould was secured June 3, 1924, but Mazo says he treated Gould as his tenant from June 1. Shortly after Gould obtained the lease (time not definitely fixed), Burke sold the restaurant fittings to Gould on credit, and…