Schafer v. Wholesale Frozen Foods, Inc.

Plaintiffs-sublessors appeal from a judgment for defen dants-sublessees following non jury trial of this action to recover certain subrents or, as an alternative, to recover damages for failure to pay such subrents.

The trial court found that defendants’ obligation to pay rent under the sublease was terminated as of the time when the owners-lessors terminated the principal lease and took over exclusive possession of the leased premises. The pertinent facts follow.

On July 18, 1945 plaintiffs leased a cold-storage building from the owners thereof for a term which, as later extended, expired on…