Jewell v. Irvmac Shoe Shops, Inc.

This is a motion for summary judgment in an action upon a written lease, to recover rent.

The lease is for 10 years commencing March 1, 1954, at $600 rent per month for the first 5 years, and $650 per month for the last 5 years.

The tenant is Irvmac Shoe Shops Inc., and the specified use of the premises is as a retail shoe store, but the store is actually occupied by National Shoes.

The lease contains the usual covenant against assignment or subletting in paragraph 4th, and whether the designation “National Shoes” is merely a name under which defendant operates stores, or whether it is a…