MUTUAL LIFE INSURANCE CO. OF NEW YORK V. TAILORED WOMAN 309 N.Y. 248, 128 N.E.2d 401 (1955) CASE BRIEF

MUTUAL LIFE INSURANCE CO. OF NEW YORK V. TAILORED WOMAN

309 N.Y. 248, 128 N.E.2d 401 (1955)

NATURE OF THE CASE: This was a dispute over a lease.

FACTS: Mutual (P) leased property to Tailored (D) for ten years from October 1, 1939. The lease called for a fixed rental and 4% of the gross in excess of $1,200,000 per year in sales. That contract called for the sale of all types of wearing apparel worn by women or carried by women. D then leased more space on the fifth floor of the building for one year and four months from June 1, 1945. That lease called for a fixed rental and called for the sale of all types of wearing apparel worn by women or carried by women. D then moved his fur department from the previous space without notice to P and transferred that department to the upper fixed lease premises. P sued. D won and P appealed.

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.

https://bsmsphd.com

© 2007-2016 Abn Study Partner