Bettelheim v. Hagstrom Food Stores, Inc.

Plaintiff appeals from a judgment in favor of defendant, in an action to recover, under the terms of a lease, penalty rentals for holding over.

Questions Presented

Sufficiency of the evidence to support findings as to £1) an executed oral agreement, (2) waiver and estoppel.

Facts

The facts are practically undisputed. It is the inferences and conclusions therefrom that are disputed. The following are the facts: Defendant owns a chain of stores. For many years, under leases from various owners, it occupied the premises in question. In December, 1946, plaintiff then holding a master lease of the…