Vailsburg Amusement Co. v. Criterion Investment Co.

The opinion of the court was delivered by

Parker, J.

On the original appeal, a judgment for plaintiff below was affirmed. 9 N. J. Mis. R. 951; 156 Atl. Rep. 114. Application is now made for leave to amend the state of the case used on the original appeal by submitting evidence for the first time in this court to show that, contrary to the intimation in the opinion, the relation of landlord and tenant between the parties had in fact terminated by a judgment in dispossession proceedings; and appellant urges that if this is made clear, this court would change the affirmance of the judgment below…