Schwartz v. Church & Commerce Corp.

Plaintiffs move for an order directing the defendant specifically to perform a lease covering the fourth loft (above the store floor) of commercial premises, entered into by the plaintiffs with the then owner of the building, and directing the defendant to give possession of that loft to the plaintiffs. What the plaintiffs are really seeking is a mandatory injunction pendente lite directing the defendant forthwith to deliver to the plaintiffs full and complete possession of the loft mentioned.

On October 24, 1944, the defendant’s predecessor in title, as landlord, entered into a lease with…