Goldsmith v. Gisler

ROVER, Chief Judge.

Appellees sued for the rent of premises leased to appellants for the months of January and February 1958; the latter defended on the ground of constructive eviction because of the impossibility of their using the premises as a used car lot.

According to the statement of proceedings and evidence, on May 18, 1956 appel-lees leased the premises to one William Campbell for two years from June 1, 1956; the lease contained the following provision:

“That he [Campbell] will use said premises for general repair and painting of automobiles and sale of new or used cars and accessories…