In re Balducci

On or about January 1, 1921, the defendants leased of the plaintiff a store apartment in Canastota, N. Y., to be used in carrying on defendants’ furniture and undertaking business. There was no written lease. The plaintiff claimed it was from month to month while the defendants insisted that it was a hiring by the year. The defendants were in possession and carried on the business as Preston &■ Newberry until October 18, 1925, when the corporation of Preston, Newberry & Tuttle, Inc., was formed and took over the business and property of Preston & Newberry, occupying the same store. Mr.…