C. H. Little & Co. v. Gay Apparel Corp.

IRVING R. ICAUFMAN, District Judge.

Plaintiff, alleging that a Tennessee subsidiary of the defendant, a New York corporation, leased property of the plaintiff and prior to the expiration of said lease abandoned the premises, sues for rent and special damages. The property in question, located in Tennessee, was subsequently re-let to a third person for a period beyond the expiration date of the original lease. Defendant here moves to dismiss the action pursuant to Rule 12(b) on the grounds that the complaint fails to state a claim on which relief can be granted and further moves, under Rule 8…