Milona Corp. v. Piece O'Pizza of America Corp.

The master to whom this bill in equity was referred was justified, on the basis of his subsidiary findings, in finding that the defendant Pizza Seven Corporation (Pizza 7) committed a breach of its equipment lease to the plaintiffs by its unilateral assumption of possession and control of the plaintiffs’ restaurant, for which the equipment had been leased, without giving the written notice required by the termination provision of the lease. The master was plainly wrong, however, in concluding that Pizza 7’s subsequent notice of termination was rendered invalid by this breach. Wilkinson v.…