Beach-Gasper Co. v. Strauss

Both sides agree, notwithstanding the form of the pleadings and the demand of the complaint, that the question to he decided is this: What was the annual rent in force in June, 1944, within the meaning of the Business'Space Law of 1945; and more precisely, in determining that amount, is a concession of a month’s rent, provided for in an earlier *931lease between the parties, to be taken into account? In form the action is one by a landlord to recover $1,437.50 as rent for the month of June, 1945. The tenants, defendants, resist payment on the ground that if they pay this amount for June and…