Commonwealth Realty Co. v. Fred Miller Brewing Co.

The principal question raised and the one decisive of the case is as to whether or- not the misconduct of the subtenant, DeSteffen, forfeited the lease of the plaintiff to the Fred Miller Brewing Company and as a necessary consequence its lease to the International Baking Company. It is contended by the defendant Cox that such forfeiture resulted, and the following cases were cited in support of the claim: Shaw v. McCarty, 59 How. Pr. 487; Shepard v. Dye, 137 Wash. 180, 242 Pac. 381; Vincent v. National Drug Stores, Inc. (Pa.) 3 Fed. (2d) 504.

It is also claimed that under the provision of the…