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Adrian v. Rabinowitz

Supreme Court of New Jersey
186 A. 29 (1936)


Facts

The defendant lessor and the plaintiff lessee signed a lease agreement on April 30, 1934. The lease specified that the lessee would lease the property for six months beginning on June 15, 1934 for the operation of a shoe business. The lease contained an express covenant stating that the lessee would hold and enjoy the property for the specified term. However, the lessor’s previous tenant did not vacate the premises by June 15, requiring the lessor to file proceedings to dispossess the previous tenant. As a result, the lessee did not take possession until July 9, 1934. The lessee brought suit alleging the lessor’s breach of his obligation to deliver actual possession of the property at the beginning of the leased term. The district court judge ruled in favor of the lessee and awarded him $500 in damages for his loss from the resale of seasonable merchandise, in addition to $25 to offset his rent for the period he was deprived of possession.

Rule of Law

Issue

Holding and Reasoning (Heher, J.)

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