Schantz v. American Auto Supply Co.

This action is brought by landlord against tenant to recover unpaid rent for the month commencing May 10, 1942, under a store lease containing the provision: “ premises to be used for the sale of tires, radios, washing machines and refrigerators.” The term of the lease -is for three years from March .10, 1940. The answer sets forth an affirmative defense that the sale of the articles enumerated in the lease “ has been prohibited1 by the United States Government and that as a result of the order of said government the defendant has been evicted from the said premises.” On this motion plaintiff…