GOLDBERG 168-05 CORP. V. LEVY
170 Misc. 292, 9 N.Y.S.2d 304 (1938)
NATURE OF THE CASE: This was a motion to dismiss for a failure to state facts sufficient
to constitute a cause of action.
FACTS: Goldberg (P) sued to recover for an alleged breach of a leasehold agreement
assigned to him by the original lessor. P's assignor agreed to lease property to Levy (D)
for a minimum rent of $13,800 per year and the difference between that sum and 10 percent of
the gross receipts of the business and if the gross was not equal to at least $101,000 then
the tenant had the right to cancel the lease. D gave notice in 1937 of his intention to
terminate the lease. P claimed damages in the amount of $25,000 because he claimed D
deliberately reduced his sales below the $101,000 in order to terminate the lease.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment