Meers v. Tommy's Men's Store, Inc.

My concurrence is because of some matters not mentioned in the majority opinion. Meers claimed a breach of the lease contract on either one of three grounds:

1. Alterations without lessor’s consent;

2. Non-use of upper floors of the building;

3. Erection of a sign.

I agree with the majority opinion on both the second and third grounds: there was no requirement in the lease for full use of the upper floors; and the matter of the sign was rather trivial. But as to the first ground claimed by Meers — i.e. alteration without lessor’s written consent— I have an entirely different view from that…