Gottesman v. Goldberg

Plaintiff leased a store on the Coney Island boardwalk for the term of two summer seasons of 1932 and 1933 at a rent of $3,000 per summer season. We are here concerned with the 1932 summer season. Plaintiff has paid $1,700, as follows: $700 on the execution of the lease; $300 on May 10, 1932, and $700 on account of an installment of $1,000 rent due on June 10, 1932. A further installment of $1,000 rent due on July 6, 1932, has not been paid. A fire occurred on July 13, 1932, and totally destroyed the leased premises.

Plaintiff sues to recover $800, alleging the 1932 summer season comprised a…