FREDERICK REALTY CORPORATION v. General Oil Co.

On December 9, 1964, the parties to this appeal entered into a lease of the plaintiff’s real estate for a period of five years. On June 9, 1966, the defendant vacated the premises and thereafter the plaintiff instituted this action for damages resulting from the defendant’s leaving the property prior to the termination date set forth in the lease. The defendant filed a counterclaim in which it alleged constructive eviction as a defense to the plaintiff’s suit. Trial was held before a superior court justice sitting without a jury. The trial justice found for the plaintiff and rejected the…