Nicolai v. Desilets

This action was instituted by the receiver of The Sixth Avenue Sun Drug’ Co., Inc., a corporation, to have set over to him the lessees’ interest in a certain five-year lease, on property theretofore occupied by the corporation, made by I. O. and C. V. Desilets, as lessees, and Austin Lyons and Mable Lyons, his wife, as lessors, all of whom were made parties defendant. Lyons and wife answered and cross-complained, asking that the lease be declared void because of a misunderstanding, it being thought by the lessors that they were leasing* to the party who was then occupying the premises.

The…