McCrory Stores Corp. v. S. M. Braunstein, Inc.

The opinion of the court was delivered by

Parker, J.

The suit is to recover hack an alleged overpayment of rent. The trial court directed a verdict for defendant, and plaintiffs appeal.

The rent was payable under a written lease made between other parties, hut appellants have succeeded to the rights thereunder of the original tenant, and respondent to those of the original landlord, so that the case may be considered as though tlie parties before us were the original parties.

The claim of overpayment arose out of a disagreement as to the meaning of a part of the covenant to pay rent, which reads,…