McArdle Real Estate Co. v. McGowan

The opinion of the court was delivered by

Lloyd, J.

This case has been before this court on various phases upon two other occasions. (See 109 N. J. L. 595; 163 Atl. Rep. 24, and 12 N. J. Mis. R. 500.) From these cases the general nature of the action is clearly defined.

It was to recover rents for an apartment after temporary occupancy, subsequent removal and later disaffirmance by the tenant of the contract, the ground of disaffirmance being that the defendant was insane at the time the contract was made. After the termination of the period of the lease an inquisition in lunacy was had and it…