Muller v. Concourse Investors, Inc.

This motion seeks a temporary injunction to restrain defendants from interfering with the conduct of plaintiffs’ business in defendant’s building. The plaintiff has installed and operated a number of washing machines in a building, pursuant to an agreement with the owner. Defendant bought the building and has taken steps designed to prevent plaintiffs’ continuing to operate. The question is whether the agreement is a lease and consequently binding on defendant.

The test as to what is a lease is not the descriptive language used but whether the document gives exclusive control and possession,…