120 Wall Associates, Appellant-Appellee v. Edward Schilling, Trustee, Appellee-Appellant

SWAN, Circuit Judge.

This litigation involves disputes arising in a bankruptcy reorganization as to the amounts payable by the trustee for use and occupancy of part of the space leased by the petitioner to the debtor in an office building. The leased premises were the whole of the 27th floor and part of the 2nd floor. The term ran from January 1, 1956 to April 30, 1960 and rent was payable in advance in monthly instalments. On May 13, 1958 the lessee, then in arrears with respect to May 1st instalment of rent, vacated the 27th floor except for a few pieces of furniture left there and notified…