Koss v. United Stores Realty Corp.

This is the second appeal in this summary proceeding for holding over the term — a proceeding continued by the executors, under the powers conferred by the will, after probate pending the present appeal. At the opening of the trial the tenant moved to dismiss on the ground that the court had no jurisdiction, counsel claiming that the provision of the lease relied upon as limiting the tenant’s term was a mere condition subsequent, not a conditional limitation. The trial judge sustained the tenant’s contention and dismissed the proceeding. Upon appeal to this court it was decided that the…